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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.14 dated 1.7.2026 under Section 7 of Prevention of Corruption Act, 1988 (Sections 13(1)(b) read with Section 13(2) of PC Act added later on), registered at Police Station State Vigilance and Anti-Corruption Bureau, Faridabad.
Learned counsel for the petitioner has argued that the petitioner is in custody since 1.7.2026. Learned counsel has further argued that the petitioner was not in a position to undertake any work for which bribe is allegedly given. Learned counsel has further urged that, in any case, challan (upon culmination of investigation) already stands filed and completion of trial will take long. 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 seeks to place on record custody certificate dated 16.9.2026 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 1.7.2026 wherein after investigation was carried out; challan was presented on 2.9.2026. Total 15 prosecution witnesses have been cited and it is conceded case before this Court that none has been examined at this stage. It is worthwhile to notice herein that the petitioner was working as a Peon only and it cannot be said, at this juncture, that he has the capacity to influence any person. Learned counsel has further urged that the sanction is yet to be received. The rival contentions raised at Bar 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 16.9.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 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.