CRM-M/40101/2026 of VICKY Vs STATE OF HARYANA on 28 July 2026

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(226) CRM-M-40101-2026 (O & M)

Date of decision: 28.07.2026 Vicky

…... Petitioner V/s State of Haryana

...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI

Present: MR. Yash Gupta, Advocate

for the petitioner.

Ms. Diya Sodhi, Sr. DAG, Haryana.

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JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition under Section 483 BNSS, 2023 is for the grant of the regular bail to the petitioner in FIR No.394 dated 16.10.2024 under Sections 419, 420, 467, 468, 471 and 120-B of IPC, 1860 (Sections 319(2), 318(4), 338, 336(3), 340(2) and 61(2) of BNS, 2023), registered at Police Station City Sohna, District Gurugram.

2. The allegations against the petitioner are that he gave a copy of the Adhaar Card of his brother-Gautam to co-accused Manoj @ Kala in lieu of Rs.50,000/-. Manoj @ Kala prepared the Adhaar Card of Gautam in his name and the petitioner identified fake Manoj in Tehsil Dehradun for preparation of a forged GPA in favour of Nitin.

3. The learned counsel for the petitioner contends that the co- accused of the petitioner namely Nitin, Narbir @ Narbir Huda @ Narbir

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Singh Hudda, Mohd. Rashid and Gautam have already been granted the concession of regular bail by this Court vide different orders. As the petitioner is in custody since 25.06.2025 but only 06 of the 36 prosecution witnesses have been examined so far, the Trial is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail.

4. The learned counsel for the State, on the other hand, contends that the petitioner is one of the main accused facilitating the preparation of a forged GPA. Therefore, he is not entitled to the concession as prayed for. She, however, concedes that the petitioner is in custody since 25.06.2025 but only 06 of the 36 prosecution witnesses have been examined so far and that four co-accused of the petitioner namely Nitin, Narbir @ Narbir Huda @ Narbir Singh Hudda, Mohd. Rashid and Gautam have already been granted the concession of bail by this Court.

5. I have heard the learned counsel for the parties.

6. This Court in the case titled as Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab bearing CRM-M24033- 2021(O&M) Decided on 31.08.2022 has held as under:- “Therefore, broadly speaking (subject to any statutory restrictions contained in Special Acts) , in economic offences involving the IPC or Special Acts or cases triable by Magistrates once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule. However, this would not prevent the Court from granting bail even prior to the completion of investigation if the facts so warrant.”

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7. The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated during the course of the Trial. Admittedly, the petitioner is in custody since 25.06.2025 but only 06 of the 36 prosecution witnesses have been examined so far. Therefore, the Trial in the present case is not likely to be concluded anytime soon. The present case is triable by the Court of a Magistrate and no serious apprehension has been expressed by the State that the petitioner would abscond from justice, tamper with the evidence or influence witnesses if granted the concession of bail. Therefore, in this situation, the further incarceration of the petitioner is not required, moreso, when four co-accused have been granted the similar concession of bail.

8. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Vicky son of Vinay Pal is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned.

9. The present petition stands disposed of.

10. The pending application(s), if any, shall stand disposed of accordingly.

July 28, 2026

( JASJIT SINGH BEDI) Vishal

JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable

: Yes/No