Manik Singla @ Aman v. Mr. Gurmeet Singh, AAG, Haryana

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 bearing FIR No.134 dated 4.9.2025, registered for the offences punishable under Sections 316(2), 318(4), 61(2), 238(c) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), at Police Station Shahzadpur, Ambala.

The gravamen of the FIR in question is that the complainant was induced by the accused persons, including the petitioner, to invest in a land transaction on the pretext of earning profit, pursuant to which an amount of about ₹15 lakhs was paid. It is alleged that the accused CRM-M No.29864 of 2026 -2- persons, in furtherance of a common intention, dishonestly misrepresented facts regarding the land and thereby cheated the complainant.

Learned counsel for the petitioner has argued that the petitioner is in custody since 17.2.2026. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further urged that, assuming arguendo, the prosecution version is taken to be correct, the prime case set up against the petitioner is that he has induced the complainant to part with the money but the said money was given to co-accused, who is enlarged on bail vide order dated

3.1.2026 passed by the Additional Sessions Judge, Ambala. Learned counsel has further submitted that, in any case, challan has already been presented after conclusion of investigation; culmination of trial will take long. Thus, regular bail is prayed for.

Learned State counsel had filed reply dated 13.4.2026 by way of affidavit of Virender, HPS, Deputy Superintendent of Police, Crime Ambala, District Ambala, which is already on record. Raising submissions in tandem with the said reply, 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 the regular bail. Learned State counsel seeks to place on record custody certificate dated 18.7.2026, in this Court today, which is taken on record.

4.1 Learned counsel for the complainant has submitted that the petitioner (herein) is actively involved in the offence in question as it is on CRM-M No.29864 of 2026 -3- his inducing that the money is parted with and the petitioner was present when the money was handed over to Harbans Singh. Learned counsel has argued that the allegations levelled against the petitioner are serious in nature and in case he is granted the concession of bail, there is all the likelihood of the petitioner to flee from the hands of justice and interfering with the prosecution evidence.

I have heard counsel for the parties and have gone through the available records of the case.

At this juncture, it would be apposite to refer herein to a judgment of the Hon’ble Supreme Court titled as Gudikanti Narasimhulu and others vs. Public Prosecutor, High Court of Andhra Pradesh AIR 1978 SUPREME COURT 429, relevant whereof reads as under: “10. The significance and sweep of Article 21 make the deprivation of liberty a matter of grave concern and permissible only when the law authorising it is reasonable, even-handed and geared to the goals of community good and State necessity spelt out in Article 19. Indeed, the considerations I have set out as criteria are germane to the constitutional proposition I have deduced. Reasonableness postulates intelligent care and predicates that deprivation of freedom- by refusal of bail is not for punitive purpose but for the bi-focal interests of justice-to the individual involved and society affected.

We must weigh the contrary factors to answer the test of reasonableness, subject to the need for securing the presence, of the bail applicant. It makes sense to assume that a man on bail has a better chance to prepare or present his case than one remanded in custody. And if public justice is to be promoted, mechanical detention should be close to ours, the function of bail is limited, 'community roots' of the, applicant are stressed and, after the Vera Foundation's Manhattan Bail Project, monetary suretyship is losing ground. The considerable public expense in keeping in custody where no danger of disappearance or disturbance can arise, is not a negligible consideration. Equally CRM-M No.29864 of 2026 -4- important is the deplorable condition, verging on. the inhuman, of our sub-jails, that the unrewarding cruelty and expensive custody of avoidable incarceration makes refusal of bail unreasonable and a Policy favouring release justly sensible.

A few other weighty factors deserve reference. All deprivation of liberty is validated by social defence and individual correction along an anti-criminal direction. Public justice is central to the whole scheme of bail law. Fleeing justice must be forbidden but punitive harshness should be minimised. Restorative devices to redeem the man, even, through community service, meditative drill, study classes or other resources should be innovated, and playing foul with public peace by tampering with evidence, intimidating witnesses or committing offence while on judicially sanctioned 'free enterprise,' should be provided against. No seeker of justice shall play confidence tricks on the court or community. Thus, conditions may be hung around bail orders, not to cripple but to protect. Such is the holistic jurisdiction and humanistic orientation invoked by the judicial discretion correlated to the values of our constitution.”

6.1. Further, the Hon’ble Supreme Court in a judgment titled as Gurcharan Singh vs. State (UT of Delhi) 1978 (1) SCC 118, has held as under:-

Where the granting of bail lies within the discretion of the court, the granting or denial is regulated, to a large extent, by the facts and circumstances of each particular case. Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end.

6.2. Furthermore, the Hon’ble Supreme Court in a judgment tiled as Sanjay Chandra vs. CBI (2012) 1 SCC 40, has held as under: “21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be CRM-M No.29864 of 2026 -5- considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.

From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some un-convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, “necessity” is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances.”

6.3 The petitioner was arrested on 17.2.2026 whereinafter investigation was carried out and challan was presented on 9.4.2026. It is conceded case before this Court that total 29 prosecution witnesses have been cited, but none have been examined till date. It is also not in dispute that co-accused Harbans Singh, Baldev Singh and Naresh Rani are on anticipatory/regular bail. The rival contentions raised by learned counsel 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.

6.4 As per custody certificate dated 18.7.2026 filed by learned State CRM-M No.29864 of 2026 -6- counsel, the petitioner has already suffered incarceration for a period of 5 months. As per the said custody certificate, the petitioner is stated to be involved in 01 more FIR. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on

29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal)

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

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, State/complainant shall be at liberty to move 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. (SUMEET GOEL) JUDGE

21.7.2026 Ashwanii Whether speaking/reasoned: Whether reportable: Yes/No Yes/No