Krishan Kumar v. State Of Haryana

Prayer in the present petition f filed under Section 483 BNSS is for gran nt of regular bail to the petitio oner in case FIR No.22 dated 31.01.2023, , registered at Police Station Ding, District Sirsa, under Sections 40 0, 420, 467, 468, 471, 506, 120-B B and 34 IPC and Section 3 of the Harya ana Protection of Interest o of Depositors in Financial Establishme ent Act, 2013.

2.

Learned counsel contends th at the petitioner has been in custody for r 7 months. He alleges false imp plication. He was working as authorized r representative in Lending Park S Solutions Pvt. Ltd. and his role in the Comp pany is with regard to file the ca ases under Section 138 NI Act, at Gurugram m and Sirsa, a fact which has be een admitted in the reply in the bail applic ation filed before the trial C Court. Co-accused similarly

circumstanced, Surender Kumar has since been granted bail, vide order dated 06.05.22025, after being in custody for more than 4 months and 15 days, as also others, who were Directors of the Company, vide orders Annexures P-4 and P-5. Charges have been framed on 21.11.2025, however none out of 25 PWs has been examined. He is not involved in any other case.

3.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having misused the cheque given by the complainant to the Company, by filing a complaint under Section 138 NI Act. However, he is unable to controvert the submissions with regard to stage of the case; the petitioner being not involved in any other case and the co-accused having been released on bail.

4.

Heard.

5.

6.

The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial

Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

7.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 8.

In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and

would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.