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Judgment
N.S.SHEKHAWAT, J. (Oral)
The petitioner has filed the present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case FIR No. 104 dated 29.03.2026, registered under Sections 3(5), 316(2), 318(4) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 34, 406, 420 and 506 of the IPC) and Sections 21 and 22 of the Banning of Unregulated Deposit Schemes Act, 2019, at Police Station Madhuban, District Karnal.
Learned counsel for the petitioner has vehemently argued that in the present case, it has been alleged that the petitioner had cheated 18 victims to the tune of Rs.20 lakhs. He further submits that during investigation the police could not collect any incriminating evidence, which could show the complicity of the petitioner in the crime, and even the alleged victims could not produce any documentary evidence in respect of their claims. Learned counsel further refers to the order dated 19.06.2026 (Annexure P-3), passed by the Court of Additional Sessions Judge, Karnal, whereby, the concession of regular bail has been granted to Neetu, wife of the petitioner. The petitioner was arrested in the present case on 31st March 2026 and is in custody for the last more than five months. Apart from that, the prosecution has not been able to examine even a single witness so far.
On the other hand, learned State counsel has vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that there are serious allegations against the petitioner and the petitioner is not entitled for the concession of regular bail.
I have heard learned counsel for the parties and perused the record.
In the present case, all the offences are triable by the Court of Magistrate and the petitioner is stated to be in custody for the last more than five months. Even, there is no material on record to show that the petitioner may be in a position to tamper with the prosecution case. No useful purpose will be served by keeping the petitioner behind the bars.
In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.
