Bhagwant Gill @ Bhagwan Singh v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:- 27.05.2025 BHAGWANT GILL @ BHAGWAN SINGH ....Petitioner(s)

Versus

STATE OF HARYANA

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Rishi Pal Singh Garttan, Advocate for the petitioner.
 

  

  

   

   ***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 07.06.2024 406, 420 and 120-B IPC Krishna Gate Thanesar, District Kurukshetra no. 2), Mo 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case being the member of the Society. He submits that the petitioner is not having any criminal antecedents, nor is he the beneficiary of the alleged transaction.

-2He contends that no specific overt act is attributed to the petitioner and he is in custody since 03.08.2024. He submits that co-accused Shashi Pinki Khanna and Gurmeet Kaur have already been granted the concession of bail by the co-ordinate Bench of this Court. He submits that after the completion of investigation, challan has been presented in Court and the conclusion of trial will take sufficient long time. Thus, prays for grant of concession of bail to the petitioner.

3.

Per contra, learned State counsel assisted by learned counsel for the complainant, while referring to the reply filed by the State has opposed the petition on the ground that the petitioner, being an active member of the Society, had participated in the crime, wherein around ₹58 lakhs have been siphoned off by the accused as such, the petitioner does not deserve the concession of bail and prays for dismissal of the petition. 4.

Heard learned counsel for the parties and perused the record. 5.

After considering the rival contentions and perusing the record, it transpires that the instant FIR was registered on the basis of a letter received by the Registrar, Co-operative Society, Kurukshetra alleging that the President of Ajooni Co-operative NATC committee i.e. the petitioner as well as the Assistant Manager Meenu Khanna and other family members had cheated several members of the Society by siphoning off the amount deposited by them for their personal gains. The petitioner is in custody since 03.08.2024, and he is not having any criminal antecedents. Challan has already been presented in Court, triable by the Court of Magistrate and the conclusion of the trial to ascertain the criminal liability, if any, of the

-3petitioner will take sufficient long time, as none out of the 17 witnesses cited by the prosecution have yet been examined. In the circumstances, no purpose would be served by detaining the petitioner any longer. 6.

Consequently, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Judge on Duty/Duty Magistrate concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with evidence of prosecution in any manner. 7.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

8.

Pending miscellaneous application(s), if any, stands disposed of.

(SANJIV BERRY) JUDGE 27.05.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No