Chanchal Kumar v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 22.08.2025 Chanchal Kumar . . . Petitioner

Versus

State of Haryana . . . Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr.Ketan Antil, Advocate for the petitioner.

Mr. Amish Sharma, AAG, Haryana.

Mr. Balraj Gujjar, Advocate for the complainant.

**** SANJAY VASHISTH, J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District 01.11.2024 318(4), 336(3), 338, 340 & 61 of BNS, 2023 Cyber Sonipat Sonipat Chanchal Kumar 2.

Learned counsel for the petitioner submits that the FIR has been registered against the unknown persons. Petitioner has been involved in the case subsequently, on the basis of disclosure statement of the co-accused. As per allegations in the FIR, petitioner along with other co-accused have duped the complainant for a sum of Rs. 9,80,500/- and petitioner is inside jail since 07.11.2024.

3.

Further submits that during investigation in the case against petitioner, an amount of Rs.1,54,000/- was found as had been transferred in the

- 2 - bank account of the petitioner and other co-accused, and nothing more could be recovered from him. Petitioner further argues that even nothing was recovered from bailed out co-accused, i.e., Vishal and Bheem Kumar (bail orders qua both of them are appended as Annexures P-2 & P-3, respectively), and therefore, petitioner claims parity with the said co-accused persons. Thus, he prays for grant of regular bail to the petitioner.

4.

On the other hand, learned State counsel assisted by learned counsel for the respondent argued qua other two accused regarding parity with already bailed out co-accused, namely; Vishal and Bheem Kumar (Annexures P-2 & P-3, respectively).

Learned State counsel further points out that in fact petitioner is involved in two other cases of similar nature, whereas, already bailed out coaccused Vishal and Bheem Kumar, were not found involved in any other case. Thus, he prays for dismissal of the present bail petition. 5.

Heard the rival submissions address by the respective counsel for the parties and gone through the allegations. Admittedly, all the offences are triable by the Court of Ld. Magistrate, and petitioner is inside jail for a period of about 09 months. As per allegations an amount of Rs.1,54,000/- is found to be credited in his account. Furthermore, after completion of investigation, challan has been filed, however, trial of the case has not made much progress, as out of total 11 prosecution witnesses, none has been examined so far. Therefore, personal liberty of the petitioner cannot be curtailed for an indefinite period.

Therefore, in the totality of facts and circumstances of the present case, I deem it appropriate to consider the plea of bail of the petitioner. 6.

Accordingly, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety

- 3 - bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 7.

Any of the discussion done and recorded here-above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible in accordance with law.

8.

It is further made clear that if in future petitioner is found indulged in similar kind of activities, prosecution would be at liberty to seek cancellation of bail in the present case.

9.

However, to secure the interest of the complainant and to create little deterrence, in the mind of such kind of accused, the benefit of the bail in the instant petition would be available only on an amount of Rs.2,00,000/- with the trial Court in the shape FDR from Nationalized Bank, which realization of the amount subject to the final decision of the case. 10.

Petition stands disposed of.

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

(SANJAY VASHISTH) JUDGE August 22, 2025 Vishal Vardhan Whether speaking/reasoned. :

Yes/No Whether Reportable.

:

Yes/No