Neelam vs State of Haryana

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.14 dated 17.6.2026 under Sections 61(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 7-A and 7 of Prevention of Corruption Act, 1988 (Section 13(1)(b) read with Section 13(2) of PCA added later on), registered at Police Station ACB Karnal, District Karnal.

Learned counsel for the petitioner has argued that the petitioner is in custody since 17.6.2026. Learned counsel has further argued that the petitioner is a lady aged 32 years with clean antecedents. Learned counsel has further urged that the demand and acceptance of the alleged bribe amount is at the instance of the co-accused and not the present petitioner. Learned counsel has further urged that, in any case, challan (upon culmination of investigation) already stands filed and conclusion of trial will take long. Thus, regular bail is prayed for.

Learned State counsel has opposed the present petition by iterating that the petitioner (herein) is a public servant and working as Patwari. Learned counsel has further urged that the demand was made and bribe money was accepted in the presence of the complainant. Learned State counsel has further submitted that the co-accused is none else than the husband of the petitioner. Learned counsel has further urged that in case the petitioner is released on bail, there is all the likelihood of the petitioner to intimidate the prosecution witnesses, especially the FIR-complainant. Thus, dismissal of the present petition is entreated for. Learned State counsel seeks to place on record custody certificate dated 7.9.2026 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 17.6.2026 wherein after investigation was carried out; challan was presented on 10.8.2026. Total 26 prosecution witnesses have been cited but none have 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 challan having been presented, culmination of trial likely to take long, the petitioner being a lady aged 32 years with clean antecedents; this Court is inclined to afford the concession of regular bail to the petitioner.

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 7.9.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 months and 20 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 her furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:-

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.