215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 08.10.2025 Kanhaiya Kumar Jha ...Petitioner Versus U.T. Chandigarh ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Manjot Gurjal, Advocate for the petitioner (Through video conferencing).

Mr. Manish Bansal, PP, UT, Chandigarh with Mr. Navjit Singh, Advocate, for the respondent-U.T.

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AARADHNA SAWHNEY , J. (ORAL)

1. Petitioner, an accused in case FIR No.78 dated 01.07.2023 registered against him, under Sections 420, 467, 468, 471 and 120B of IPC, at Police Station Maloya, Chandigarh has filed the present petition for grant of bail under Section 483 of BNSS.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

“In brief, the allegations against the petitioner is that he and his mother (co-accused Sudhira Devi) assured the various persons (Kameshwar Gupta, Mintu Mukhiya, Madan Mandal, Birju Mandal, Meghraj Verma, Suresh Varpal, Lale Kupar Mandal and others) that they would be able to arrange Government jobs for their wards, as also flats of the Housing Board. On these false assurance they induced several complainants to part with their hard earned money. In all Rs.13,80,000/- was illegally usurped by petitioner on false pretext/promise of providing Government jobs for their wards.

Instead of fulfilling his promise petitioner provided forged identity cards and allotment letters to complainants. On the basis of the complaint made by several persons, who had lost their money, a formal case vide FIR No.78 dated 01.07.2023, under Sections 420, 467, 468, 471 and 120B of IPC, 1860, Maloya, District Chandigarh, came to be registered against the petitioner.

3. Petitioner, who was specifically named in the FIR, was arrested on 01.01.2024 and has been in custody since then. During the course of the investigation, medical certificates and identity cards allegedly issued by the Northern Railways, produced by the petitioner before the complainants were got verified from the concerned authorities and were found to be forged. It also came to the notice of I.O. that petitioner had issued cheques and had also executed affidavit assuring repayment of the cheated amount but despite such undertakings, he did not return the money. Further, the FSL report also proves the complicity of the present petitioner.

On culmination of the investigation, challan completed in all respect, was filed against the petitioner on 01.04.2024.

4. An application for grant of bail, was filed by petitioner-accused before the learned Additional Sessions Judge, Chandigarh, which was dismissed vide order dated 14.01.2025. Aggrieved of the same, the present petition has been filed.

5. Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case. Falsity of the case set up by complainant party is apparent from the fact that there has been unexplained delay of 03 years in lodging the FIR. Further, none of the complainants specifically pointed out as to whether the money was given in cash or cheque or by any other mode.

Continuing further learned counsel submits that the present criminal proceedings are nothing but an outcome of personal grudge between the petitioner and complainant party. The fact that not a single penny was deposited in the account of the petitioner, is clearly indicative of his innocence. It has further been submitted by learned counsel that petitioner, who has been in custody since 01.01.2024, deserves a lenient view to be taken in his favour, more so when investigations qua him are complete, challan has been filed and since completion of trial (offence being all magisterial triable) is likely to take some time, his further incarceration would not serve any useful purpose and would also be violative of the fundamental rights guaranteed under Article 21 of the Constitution of India.

6. Learned P.P. has filed the status report dated 29.09.2025 by way of affidavit of Mr. Anurag Daru, ASP/South-West Chan