High Court of Punjab and HaryanaCRM-M/27428/2025allowed

Charanjeet Singh v. State Of Punjab

2025-05-23Mrs. Justice Manjari Nehru Kaul5 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 23.05.2025 Charanjeet Singh ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr.Akshay Chadha, Advocate for the petitioner. Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL , J (ORAL) 1.

The instant 3rd petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.26 dated 02.07.2024 under Sections 7 and 7-A as amended vide the Prevention of Corruption (Amendment) Act, 2018 registered at P.S Vigilance Bureau, District Ludhiana. 2.

Learned counsel for the petitioner submits that the petitioner has been in custody since 08.07.2024. Totally false allegations have been levelled against the petitioner of having demanded Rs.1,75,000/- as extraneous consideration from the complainant at the behest of co-accused SHO Jagjit Singh. It has been submitted that the entire case of the prosecution hinges on certain audio recordings as well as CCTV footage wherein the petitioner is alleged to be heard demanding the extraneous consideration from the complainant and the CCTV footage allegedly captures him putting the tainted money into the vehicle of co-accused SHO Jagjit Singh. Learned counsel has submitted that the investigation qua the petitioner is complete as challan stands presented, however, none of the 13 prosecution witnesses has been examined, as the charges have not yet been framed. Learned counsel, has therefore prayed that in the circumstances more so

when the entire case of the prosecution hinges against him on documentary evidence (audio recording) and CCTV footage) which is already part of the challan, further incarceration of the petitioner would serve no useful purpose as the trial would take considerable time to conclude. 3.

Per contra, learned State counsel, on instructions from DSP Shiv Charan, while opposing the prayer and submissions made by the counsel opposite, has not disputed the custody period of the petitioner nor has it been disputed that the entire case of the prosecution against the petitioner rests on documentary evidence in the shape of audio recordings and some CCTV footage, which is part of the charge sheet. It has been further submitted that the charges are likely to be submitted on the next date of hearing i.e 04.06.2025. However, he has reiterated the allegations levelled in the FIR in question, which stands reproduced hereinunder: - " Statement of Kamaljeet Ahuja son of late Amarnath Ahuja resident of H.No.30/12, Jawahar Nagar, Ward No.68, Near Government Girls High School, Ludhiana, aged about 54 years, Mobile No.

(99150-91032) relating to Anti-Corruption Action Line complaint no.152729 dated 29.04.2024 Ludhiana. Stated that, "I am a resident of above-said address and I have a hotel in my name namely Hotel Taj and the Hotels namely Evergreen, Mapple are joint with my friend. Today, i.e. on 30.04.2024, I have come present in office of Vigilance Bureau, Range Ludhiana on being called by you. You have shown one Anti-Corruption Action Line complaint no.152729 dated 29.04.2024 Ludhiana which has been made by me against SHO Jagjit Singh and ASI Charanjit Singh, Police Station Division No.05, Ludhiana on CM Portal Anti-Corruption Action Line on 29.04.2024. In this regard, I inform you that on 23.01.2020, my brother Harjinder Pal alias Jindi was murdered. In this regard, case FIR No.45 dated 23.01.

2020 was registered against Sukhwinder Singh alias Moni, Sumit alias Choti, Mani Kumar, Jatin and Darpan in Police Station Division No.05, Ludhiana. Mani Kumar and Sumit alias Choti were granted bail in this case. On 27.02.

nephew Manav Ahuja son of late Harjinder Pal alias Jindi. Mani Kumar had given a complaint regarding this quarrel in Police Station Division No.05, Ludhiana. The enquiry into said complaint was conducted by SHO Jagjeet Singh, who after conducting enquiry registered case FIR No.27 dated 28.02.2024 under Section 324, 148, 149 IPC Police Station Division No.05, Ludhiana against our 9 persons namely Manav Ahuja, Babban, Sherry, Naveen, Kamaljeet, Arjun, Daljit Singh alias Kala Pratham and Ankit on the basis of wrong facts. Later, SHO Jagjit Singh threatened us that he would impose sections 307, 379b also against us, otherwise we should give Rs.02 lacs to him. At this we told him that we were not having this much of money and we are hardworking persons. He did not listen to us and asked to us to give a bribe of Rs.01 lac.

Then, 1, my friend Amandeep Singh Makkar and Nikhil Vadhera gave Rs. 50,000/- to SHO on 29.02.2024 by going to office of SHO Jagjit Singh, Police Station Division No.05, Ludhiana. On 03.03.2024, ASI Charanjit Singh took another sum of Rs. 1,70,000/- from outside my Hotel Evergreen. After few days I received a whatsapp call on my phone no.99150-91032 from phone no.70878-44701 of ASI Charanjit Singh, who started demanding more money from me and said that SHO was making repeated phone calls to him and as such I should do his work. At this, I told him that recently Rs.01.70 lacs have been given on 3rd and from where I would give more money. At this he started arguing with me. Then, I told him to arrange my meeting with SHO and I would myself talk to him.

I had recorded this audio/video recording of the whole conversation of Whatsapp call on my other phone. Then on 16.03.2024, ASI Charanjit Singh called me near Durga Mata Mandir and took Rs.01 lac more. After few days I again received a phone call from ASI Charanjit Singh, who asked me to come to the Police Station as SHO was calling me and he would arrange my meeting with SHO and started demanding more money. Then, I went to SHO in his office, thereupon SHO asked ASI Charanjit Singh to take me back. On the asking of SHO, ASI Charanjit Singh took me to one room of the Police Station where SHO Jagjit Singh also came, who threw me on a wooden bed by giving a push and my hip struck on the wooden bed.

me and he would talk to me. Then ASI Charanjit Singh stated that I was doing the business of hotel and I was to give Rs.02 lac per month to SHO. Out of fear I said that I will give the money in the morning. Then, I came back to my home from the Police Station and started feeling severe pain in my waist. When I went to the doctor for check-up, the doctor asked me to get conducted the Xray and MRI and bring the reports. After getting conducted X-ray and MRI, I showed the reports to doctor where the doctor said that there was a problem in my disc and operation shall have to be conducted. Then, on the next day 1 received phone call of ASI Charanjit Singh, who asked me that I had not come to give money as SHO was repeatedly asking for money by making phone calls.

At this, I told that I had already given much money and had no money to give now. SHO Jagjit Singh and ASI Charanjit Singh have taken bribe of Rs.03 lac 20 thousand from me till now by intimidating me and taking advantage of my helplessness and are demanding Rs.02 lac more as bribe, regarding which I had made audio/video recording in my other phone on 28.03.2024. Being fed-up at their hands, I uploaded complaint against them on AntiCorruption Portal. I do not want to give them bribe. I shall produce the audio/video recording of the conversation regarding bribe with ASI Charanjit Singh. Appropriate legal action be initiated against SHO Jagjit Singh and ASI Charanjit Singh Police Station Division No.05, Ludhiana and justice be imparted to me. I have got recorded my statement.

I have heard learned counsel for the parties and perused the relevant material placed on record.

The trial is unlikely to conclude in the near future. The case is all based on documentary evidence and in case the petitioner is enlarged on bail, there can be no apprehension of the petitioner tampering with the evidence, in the facts and circumstances as enumerated hereinabove, this Court, therefore, deems it fit to extend the concession of regular bail to the petitioner.

Accordingly, the instant petition is allowed, and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. 8.

Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him.

May 23, 2025 (MANJARI NEHRU KAUL) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No