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CRM-M-55968-2025 (O&M) 1

857

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

208 CRM-M-55968-2025 (O&M)

DECIDED ON: 31.01.2026

GURPAL SINGH .....PETITIONER

VERSUS

STATE OF PUNJAB & ANR. .....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH

Present: Mr. Lakshay Bector, Advocate

for the petitioner.

Mr. Rohit Bansal, Sr. DAG Punjab.

Ms. Prachi Gupta, Advocate for the respondent No.2.

****

SURYA PARTAP SINGH, J. (Oral):

1. For the commission of offence punishable under Section 483 of

Bharatiya Nagarik Suraksha Sanhita, 2023, the FIR No.108 dated

19.06.2025 has been lodged in Police Station Khanna City 2, Ludhiana.

2. Learned counsel for the petitioner has handed over two bank

drafts total worth Rs.3,35,000/- to learned counsel for the respondent No.2

and the same have been accepted by the learned counsel for the respondent

No.2.

3. In view of abovementioned development, learned counsel for

the respondent No.2 has submitted that the respondent No.2 has no objection

if the benefit of bail is accorded to the petitioner.

VINOD KUMAR ARYA

2026.02.02 14:25

I attest to the accuracy and

integrity of this document

CRM-M-55968-2025 (O&M) 2

857

4. Heard.

5. The record has been perused carefully.

6. A perusal of record shows that in the present case, following are

the relevant factors which are required to be taken into consideration, for

arriving at any decision with regard to present petition, for bail: -

i) that the offence is triable by the Court of Judicial Magistrate;

ii) that maximum punishment prescribed for the abovementioned

offence is imprisonment up to 7 years;

iii) that as per allegations of the complainant/respondent No.2, the

amount for which the complainant/respondent No.2 was

defrauded has already been paid;

iv) that nothing is left to be recovered from the possession of

petitioner;

v) that detention of the petitioner in judicial lock-up is not likely to

serve any purpose;

vi) that trial is not likely to be concluded in near future;

vii) that there is nothing on record to show that if released on bail,

the petitioner may tamper with the evidence or influence the

witnesses; and

viii) that there is nothing on record to show that if released on bail,

the petitioner will not participate/cooperate in the trial.

7. If the cumulative effect of all the abovementioned factors,

involved in the instant case, is taken into consideration, it leads to a

conclusion that the petitioner is entitled for the benefit of bail, and that the

present petition deserves to be allowed.

8. Accordingly, without commenting anything on the merits of the

case, the present petition is hereby allowed. The petitioner is hereby ordered

VINOD KUMAR ARYA

2026.02.02 14:25

I attest to the accuracy and

integrity of this document

CRM-M-55968-2025 (O&M) 3

857

to be released on bail on his furnishing personal bond and surety bond(s) to

the satisfaction of learned trial Court. However the abovementioned

concession shall be subject to following conditions:-

(i) that the petitioner shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with

the facts of the case, so as to dissuade him to disclose such facts

to the Court or to any other authority.

(ii) that the petitioner shall at the time of execution of bond, furnish

the address to the Court concerned and shall notify the change

in address to the trial Court, till the final decision of the trial;

and

(iii) that the petitioner shall not leave India without prior permission

of the trial Court.

Whether speaking/reasoned Yes/No

Whether reportable Yes/No

VINOD KUMAR ARYA

2026.02.02 14:25

I attest to the accuracy and

integrity of this document