16.6.2025 Ajit Singh ………… v. CORAM: HON'BLE
Case Details
CRM-M No.31870 of 2025 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 ***** CRM-M No.31870 of 2025 (O & M) Date of decision : 16.6.2025 Ajit Singh ………….Petitioner State of Haryana …….Respondent Versus CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Legal Reasoning
Present: Mr. Saurav Bhatia, Advocate and Mr. Neeraj Sansaniwal, Advocate, for the petitioner Mr. Vikas Bhardwaj, AAG, Haryana --- SUMEET GOEL, J. (ORAL) CRM No.24075 of 2025 This is an application for placing on record copy of statement of Anju Bala under Section 183 of BNSS, 2023, arrest memo of Ajit Singh, recovery memo of ₹14,500/- and statement of Anju Bala as Annexures P- 4 to P-7 respectively. For the reasons mentioned in the application, it is allowed. Documents Annexures P-4 to P-7 are taken on record. CRM-M No.31870 of 2025 1. 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.4 dated 24.2.2025, under Section 7 of Prevention of Corruption Act, 1988 and Section 308 of Ashwani Kumar 2025.06.16 15:29 I attest to the accuracy and integrity of this document CRM-M No.31870 of 2025 (O & M) -2- Bharatiya Nyaya Sanhita, 2023 (Section 13 (1)(b) and 13(2) of Prevention of Corruption Act, 1988 and Section 238 of BNS added later on), registered at Police Station Anti Corruption Bureau, Gurugram, Haryana. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘To Superintendent of Police, Anti Corruption Bureau, Gurugram. Sir, It is requested that Vinay Kumar son of Anand Mohan resident of village Newarpur Police Station Ikdil Tehsil Jhatava U.P. now resident of Khandsa District Gurgram. We are five brother and one sister. My brother Mohit is younger to me, who is doing labour work. My brother Mohit is residing in a rental house at village Khadsa. My brother Mohit told me that 2, 3 boys of village Berampur Gurugram has borrowed an amount of Rs. 7000/- from him and inlieu thereof they have given motorcycle to my brother Mohit. When my brother Mohit came to know that the said motorcycle has been stolen, then my brother returned the motorcycle to those persons and demanded the amount back which has been borrowed from him, then they did not returned the amount. On dated 19.02.2025, I have received a phone call on my mobile phone from Mob. No. 9518612963 on my Mob. No. 9315797927 that the name of my brother Mohit is involved in the theft of motorcycle, caller was speaking from Police Station Sector 56 Gurugram, therefore I alongwith my brother Mohit may came present to the Police Station. I said that I am at village, after returning back, I will bring him. Today I have taken my bother Mohit to Police Station Sector 56, Gurugram. Police Officer namely Ajit Singh met there. He has demanded bribe of an amount of Rs. 15,000/- in lieu of deleting the name of my brother from the case of theft. My brother has recorded the recording of the conversation wherein bribe was demanded, which can be presented by him later. Ajit Singh has kept my brother in the Police Station and has asked me to bring an amount of Rs. 15000/-. If I did not given the said amount to him, then they will not release my brother and will involve my brother in a false case. I do not want to give bribe of an amount of Rs. 15000/- to Ajit Singh. I do not any concern with Ajit Singh, nor I have any grudge with him. Legal action may kindly be taken against Ranjit Singh. Sd/-Vinay Kumar son of Anand Mehar Village Newarpur Police Station Ikdil District Itawa Uttar Pradesh. Mob. No. 93157-97927. Ashwani Kumar 2025.06.16 15:29 I attest to the accuracy and integrity of this document CRM-M No.31870 of 2025 (O & M) -3- Dated 24.02.2025.’ 3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the FIR in question as he was the Investigating Officer of an FIR against the complainant. Learned counsel has further urged that the petitioner is in custody since 17.3.2025 and investigation already stands completed. Learned counsel for the petitioner has further submitted that a bare perusal of the statement of the shadow witness made under Section 183 of Bharatiya Nyaya Sanhita, 2023 shows that the ingredients of acceptance is not made out therein. Thus, regular bail is prayed for. 4. 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 13.6.2025 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 17.3.2025 whereinafter investigation was carried out and challan was presented on 14.5.2025. Total 23 prosecution witnesses have been cited and it is common ground between the rival parties that none has been examined till date. The rival contention made by learned counsel give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival Ashwani Kumar 2025.06.16 15:29 I attest to the accuracy and integrity of this document CRM-M No.31870 of 2025 (O & M) -4- 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 the custody certificate dated 13.6.2025 filed by learned State counsel, the petitioner has already suffered incarceration for nearly three months & 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. 7. 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:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) 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. (vii) The petitioner shall not in any manner try to delay the trial. Ashwani Kumar 2025.06.16 15:29 I attest to the accuracy and integrity of this document CRM-M No.31870 of 2025 (O & M) -5- 8. 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 cancellation of bail of the petitioner. 9. 10. Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 16.6.2025 Ashwani Whether speaking/reasoned: Whether reportable: Yes/No Yes/No Ashwani Kumar 2025.06.16 15:29 I attest to the accuracy and integrity of this document