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Judgment
VIKRAM AGGARWAL, J. (ORAL)
The prayer in the present petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') is for the grant of regular bail to the petitioner in case FIR No.80, dated 09.04.2026 registered at Police Station Mullana, District Ambala, under Section 310(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS') [Sections 310(2), 238 and 111 of the BNS added later on].
Custody certificate dated 30.08.2026 filed in Court today is taken on record.
On a complaint having been submitted by one Avinash Verma, the FIR in question was registered, the contents of which are as under:-
"To Station House Officer, Police Station Mullana. Subject-Regarding the assault on the applicant by the accused Rohit, Sunil, Himanshu. Ajay and 2/3 of their other associates and robbing the applicant of Rs.5 lakh. Sir, it is requested that I, Avinash Verma, son of Sanjeev Kumar Verma, resident of village Kurli, police station Lalru, district Mohali, Punjab, run a goldsmith shop in my village by the name of Verma Jewellers. My acquaintance Sukhchain Singh alias Golu, resident of Batoli, police station Lalru, district Mohali, Punjab, comes to my shop. Sukhchain Singh told me that he knows a party that works to double money and you will have to come with me to them. On date 20-03-2026, during the afternoon, Sukhchain Singh made me sit in his car and took me near Khanna Farm on Chandigarh Highway. Where we met three boys whose names were told by Sukhchain Singh as Rohit resident of Gaindapura, Sunil resident of Gundiana, Himanshu resident of Bilaspur, Ajay resident of Maggarpur, Who told me that we work to double the money of more than Rs.10 lakh only for our special friends and take a blank cheque as security for doubling the money. Believing my friend Sukhchain Singh and those boys, I gave an AXIS Bank cheque filled with an amount of three lakh rupees without a date to Rohit and gave two lakh rupees in cash. Rohit took the remaining five lakh rupees in cash and called us to Zirakpur. After that, I along with my friend Sukhchain Singh sat in his car and went to a Zirakpur flat. Where Rohit, Sunil, and Himanshu met. Who, in front of us, placed white paper in a die machine and showed us how genuine notes are made. According to what Sukhchain Singh said, I came to trust those boys and Rohit gave me about Rs.8,000 in Rs.100/100 notes to spend/circulate in the market. After that, I and Sukhchain both came back and we used that money in the market. Today on date 09-04-2026, taking five lakh rupees cash, I along with my friend Sukhchain Singh sat in his car and went near Dheen village bus stop as instructed by Rohit. Where Rohit, Sunil, Himanshu, Ajay and their other associates were found with a black-coloured Scorpio and a white-coloured Ignis car. When both of us asked Rohit and his associates about how many days it would take to return the doubled money, they, upon seeing the bag full of money in my hand, started beating me up. When Sukhchain Singh rescued me from Rohit and his associates, Rohit and his associates snatched the bag full of money from my hand and fled the spot in their respective vehicles, and while leaving, threatened to kill me. Whom we searched for a lot on our own level but could not find. That legal action be taken against Rohit, Sunil, Himanshu, Ajay and their other associates and my seven lakh rupees and cheque be got returned. Applicant SD/- AVINASH VERMA Avinash Verma son of Sanjeev Kumar Verma resident of village Kurli, police station Lalru, district Mohali, Punjab. Mob. No. 62808-81424 Date 09-04-2026."
Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that, in fact, it was a case of money transaction which has also been settled between the parties. Learned counsel submits that co-accused Sunil Kumar has been granted regular bail by this Court vide order dated 23.06.2026 passed in CRM-M No.33990 of 2026 and the case of the petitioner is at par with the said co-accused. Learned counsel submits that the petitioner is in custody for the last 20 days; no recovery has to be made from him; antecedents of the petitioner are clean; trial will take a sufficiently long time and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer.
Per contra, learned State counsel has opposed the bail application, stating that a sum of Rs.50,000/- and a Maruti car were recovered from the petitioner. However, it has been conceded that otherwise, the case of the petitioner is at par with that of Sunil Kumar and that the antecedents of the petitioner are clean.
Concededly, the petitioner is in custody for the last 20 days and no recovery has to be made from him. As to whether the allegations are correct or not, shall be determined when the trial concludes. It has been stated that the matter pertained to some money transaction, which stands settled. Co-accused Sunil Kumar has been granted regular bail by this Court vide order dated 23.06.2026 passed in CRM-M No.33990 of 2026 and the case of the petitioner is at par with the said co-accused. The antecedents of the petitioner are clean. Trial will take a sufficiently long time and in the considered opinion of this Court, no useful purpose would be served by keeping the petitioner in custody any longer.
In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.