CRM-M/50171/2026 of TUSHAR AHUJA @ KAKU Vs STATE OF HARYANA on 11 September 2026

1. The instant petition has been filed under Section 483 BNSS/ 439 of Cr.P.C for grant of regular bail to the petitioner in case bearing FIR No.27 dated 29.01.2025 under Sections 419,420,467,468 and 471 IPC (Sections 120- B and 201 IPC were added later on) (corresponding Sections under BNS are 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 238 of BNS respectively) registered at Police Station Shivaji Nagar, District Gurugram Haryana.

2. Brief facts of the case are that the complainant alleged a fraud whereby a person using a fake identity moved an application before the Land Acquisition Court for release of ₹6,38,177 deposited by HSVP towards land acquisition. Upon inquiry, it was discovered that the petitioner had earlier fraudulently obtained release of ₹4,97,29,534 through forged identities, leading to registration of the present FIR. During investigation, several beneficiary bank accounts were traced, multiple accused were arrested on the basis of RENU RAWAT

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disclosure statements, substantial amounts of the crime proceeds along with mobile phones used in the offence were recovered, and the petitioner was arrested on 12.06.2025.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the petitioner is not the beneficiary of the amount involved in the case, and no recovery of money has been effected from him. He further submits that the petitioner was nominated as an accused only subsequent to the death of his father, who was one of the accused in the present case. It is further submitted that the petitioner was 18 years of age at the time of the occurrence, has been in custody since 12.06.2025, and prays for the grant of regular bail.

4. Notice of motion.

5. Mr. Vishal Kashyap, Sr. DAG, Haryana accepts notice on behalf of the respondent-State. He has opposed the prayer for grant of regular bail on the ground that allegations against the petitioner are serious. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner has remained in custody for the last 01 year, 02 months and 29 days. The petitioner is also involved in one other criminal case and has been released on bail in that case. He further submits that charges are yet to be framed.

6. I have heard the submissions made by the parties and gone through the record.

7. Considering that the petitioner is in custody for the last 01 year, 02 months and 29 days; charges are yet to be framed coupled with the fact that RENU RAWAT

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the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial.

8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

10. It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 11.09.2026

(H.S.GREWAL) renu

JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT

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