High Court
Case Details
Prayer in the present petition filed under Section 483 of BNS Prayer in the present petition filed under Section 483 of BNS Prayer in the present petition filed under Section 483 of BNS is for grant of regular bail to the petitioner in case FIR No.18 dated is for grant of regular bail to the petitioner in case FIR No. is for grant of regular bail to the petitioner in case FIR No. 24.01.2025, registered at Police Station City Rupnagar, District Rupnagar, 24.01.2025, registered at Police Station City Rupnagar, District Rupnagar, 24.01.2025, registered at Police Station City Rupnagar, District Rupnagar, under Sections 406 and 420 IPC. under Sections 2. Learned counsel contends that the petitioner has been in Learned counsel contends that the petitioner has been in custody for the last 2 months and 5 days. custody for He alleges false implication. last 2 months and 5 days. He alleges false implication. The complainant while being examined as PW 1, has stated that the The complainant while being examined as PW 1, has stated that the The complainant while being examined as PW 1, has stated that the amount paid was by way of loan to the brother of the petitioner, amount paid was by way of loan to the brother of the petitioner, amount paid was by way of loan to the brother of the petitioner, Gurvinder Singh alias Gurwinder Singh, who has since been granted bail Gurvinder Singh alias Gurwinder Singh, who has Gurvinder Singh alias Gurwinder Singh, who has by this Court, vide order Annexure P-4, after being by this Court, vide order Annexure P 4, after being in custody of 7
Legal Reasoning
There is delay of almost 2 years in lodging the FIR. Charges There is delay of almost 2 years in lodging the FIR. months. There is delay of almost 2 years in lodging the FIR. have been framed on 17.05.2025, however, only 1 PW stands examined have been framed on 17.05.2025, however, have been framed on 17.05.2025, however, PARVEEN KUMAR 2025.12.10 18:32 I attest to the accuracy and integrity of this order/judgment. and there are still 15 more to go. He is involved in one other case wherein he is on bail. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382. 3. The custody certificate dated 09.12.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 months and 5 days. 4. Learned State counsel opposes the bail on the ground that there are specific allegations levelled against the petitioner as also his brother, co-accused of having defrauded the complainant. However, he is unable to controvert the submissions with regard to stage of the case; the petitioner being on bail in other case and the co-accused having been released on bail. 5. 6. Heard. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra)had held that, “As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court, etc.” 7. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 2 months and 5 days; on bail in other case; co-accused is on bail; charges stand framed on PARVEEN KUMAR 2025.12.10 18:32 I attest to the accuracy and integrity of this order/judgment. 17.05.2025, but out of 16 PWs, only 1 has been examined; the trial is likely to take a considerable time, further incarceration of the petitioner
Legal Reasoning
would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed. 8. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/ intimidate the prosecution witnesses. (iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner. (vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. PARVEEN KUMAR 2025.12.10 18:32 I attest to the accuracy and integrity of this order/judgment. 9. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 10. In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. PARVEEN KUMAR 2025.12.10 18:32 I attest to the accuracy and integrity of this order/judgment.