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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.424 dated 11.12.2025 under Sections 318(4), 336(3), 338, 340, 61(2) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Shivaji Nagar, District Gurugram.
The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
‘To Sir SHO Sahab, PS, Shivaji Nagar, GGM, Sir, it is requested that I ESI SURENDER SINGH NO. 1372/GGM was posted as SDO DUTY in Police Station, Shivaji Nagar, who is the parokar of PS Shivaji Nagar, information was received from mobile no. 8930076603 of Sipahi DEEPAK Belt no. 2987 to talk to Naib Court, Const. Priyavart of Court no. 8684867983. On which information, on contacting Naib Court CT Priyavart of Court No. 8A on his mobile, he told that in a case no. 104/22 under section 61(1) (A) EX ACT P.S. SEC 17/18 GURUGRAM, for giving fake bail to accused Gaurav, Anil Kumar son of Rajendra Kumar resident of house no. 244 Syed Vada Faridabad has presented his Aadhar card no. 830379536743 and RC of vehicle no. HR87N4404, which on checking the Aadhar card no. was found to be of a person named Amit, who has presented the Aadhar card by pasting his photo on the fake Aadhar card. On which information, on reaching ESI court Gurugram, a person giving fake bail was found present in the court of Shri Paramveer Kadian JMIC Gurugram, who was the reader of Court Shri Paramveer Kadian, Arvind Yadav, had presented the fake Aadhar card of the accused and RC of the vehicle no. HR4942903 and vehicle no. HR87N4404 is presented. On interrogation of the accused, he told his name as Narendra son of Ramanlal resident of Adarsh Nagar Ballabhgarh Faridabad. He has committed the offence under sections 318(4), 338, 336(3), 340 BNS by giving wrong ID and RC of the vehicle and giving wrong name and address to the honourable court. After registering the charge, a special report of the case should be sent to the area magistrate and higher officials as per the rules. After that inform me about the registered case number, I will be busy in ESI inquiry and investigation. Location: Police Station Shivaji Nagar ESI SURENDER 1372GGM Police Station Shivaji Nagar GGM DATED 11/12/25.’
Learned counsel for the petitioner has urged that the petitioner is in custody since 11.12.2025. Learned counsel has further urged that the petitioner has been implicated into the FIR in question primarily on account of mis-deed of co-accused Anil Verma. Learned counsel has further urged that the petitioner is a man aged 32 years and the sole bread earner of his family. Learned counsel has further urged that the challan, upon culmination of investigation, already stands filed. Learned counsel has further urged that the petitioner is a man with clean antecedents. Thus, regular bail is prayed for.
Learned State counsel has filed 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 seeks to place on record custody certificate dated 27.8.2026 in Court, which is taken on record.
I have heard counsel for the parties and have gone through the available records of the case.
The petitioner was arrested on 11.12.2025 wherein after investigation was carried out; challan was presented on 24.2.2026. Total 9 prosecution witnesses have been cited, out of which none have been examined till date. The rival contentions; including the contention as to whether the petitioner has been implicated into the FIR in question on account of mis-deed of co-accused Anil Verma; shall be gone into 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 27.8.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 8 months and 16 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.