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Judgment
SUMEET GOEL, J. (ORAL)
Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.18 dated 18.06.2026 under Sections 7, 13(1) and 13(2) of PC Act and Sections 308(2) of BNS, registered at Police Station SVB and ACB Hisar.
Learned senior counsel for the petitioner has argued that the petitioner is in custody since 18.06.2026. Learned senior counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned senior counsel has further submitted that though there was a shadow witness, he neither overheard anything nor accompanied the complainant when the petitioner is alleged to have accepted the bribe money. Learned senior counsel has further submitted that upon culmination of investigation qua the petitioner, the challan already stands presented. Learned senior counsel has further submitted that the requisite prosecution sanction is yet to be received. It has also been urged that the petitioner is a man with clean antecedents. Thus, regular bail is prayed for.
Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of regular bail. Learned State counsel has further urged that there is clear evidence against the petitioner in the form of an audio recording and the complainant's statement, which unequivocally points towards his culpability/guilt. Learned State counsel has further submitted that recovery was made from the car of the petitioner herein. Learned State counsel seeks to place on record custody certificate dated 14.09.2026 in Court, which is taken on record.
I have heard counsels for the parties and have gone through the available records of the case.
The petitioner was arrested on 18.06.2026 wherein after investigation was carried out and challan stands presented on 14.08.2026. Total 29 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. Keeping in view the entirety of the factual milieu of the case in hand; especially the factum of the challan already having been presented upon culmination of investigation, the petitioner already having been suspended from service, the petitioner being a man with clean antecedents, and the trial not being likely to culminate in the near future; this Court is inclined to afford the concession of regular bail to the petitioner. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.
As per custody certificate dated 14.09.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 02 months and 26 days & is not shown to be involved in any other case.
Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.
In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-
The petitioner shall not mis-use the liberty granted.
The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
The petitioner shall not absent himself on any date before the trial.
The petitioner shall not commit any offence while on bail.
The petitioner shall deposit his passport, if any, with the trial Court.
The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
The petitioner shall not in any manner try to delay the trial.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of bail of the petitioner.
Ordered accordingly.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.