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2026 Supreme(Online)(P&H) 2812

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDIP SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



208.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 17.02.2026 Kuldip Singh .... Petitioner Versus State of Punjab .... Respondent CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Sandeep Godara, Advocate, for Mr. Ajay Pal Singh Rehan, Advocate, for the petitioner.

Mr. Satnampreet Singh Chauhan, DAG, Punjab.

-----

NAMIT KUMAR, J. (ORAL)

1. The present petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case FIR No.42, dated 20.05.2022, under Section 420 of IPC, Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014 and Section 24 of the Immigration Act, 1983, registered at Police Station Sadar, Pathankot, District Pathankot.

2. Status report by way of an affidavit dated 27.11.2025 of Sukhjinder Pal Singh, PPS, Deputy Superintendent of Police (Rural), District Pathankot, on behalf of the respondent-State, filed in the Registry, is taken on record.

2-A As per allegations, petitioner cheated the complainant and received Rs.13,00,000/-on the pretext of sending the complainant and her son abroad.

3. Learned counsel appearing on behalf of the petitioner inter alia submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is behind the bars since 20.06.2025 and he is not involved in any other case. He also submits that investigation in the present case is complete; challan stands presented; charges have been framed and out of total 20 prosecution witnesses, only 11 including the complainant have been examined so far. The trial is likely to take a considerable time to conclude and, therefore, no fruitful purpose would be served by detaining the petitioner behind the bars.

4. Per contra, learned State counsel, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of regular bail to the petitioner by submitting that the petitioner was earlier declared proclaimed person on 01.03.2023 and was thereafter arrested on 20.06.2025. However, he could not refute the factual position that out of total 20 prosecution witnesses, 11 have been examined so far. He has also filed custody certificate dated 15.02.2026 in the Court, which is taken on record. As per the custody certificate, the petitioner is behind the bars since more than last 7 months and 26 days. Custody certificate further shows that the petitioner is not involved in any other case.

5. I have heard learned counsel for the parties and perused the record.

6. Keeping in view the custody period of the petitioner which is more than last 7 months and 26 days and the facts that the investigation has been completed; challan has been presented; charges have been framed and out of total 20 prosecution witnesses, 11 have been examined so far; the petitioner is not involved in any other case and the trial may take a considerable time to conclude, therefore, the petitioner is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 7. The petition stands disposed of accordingly.

8. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only.

(NAMIT KUMAR)

JUDGE

17.02.2026 sanjeev

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