IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

107+218 CRM-42382-2025 in/&

CRM-M-47639-2025 (O&M) Date of decision: 28.10.2025 Harvir Singh @ Harveer Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Damanjeet Bhoriwal, Advocate for the petitioner Mr. Manipal Singh Atwal, DAG Punjab *****

AMAN CHAUDHARY, J. (ORAL)

CRM-42382-2025 For the reasons mentioned the application for addition of Section 201 IPC in the Headnote and Prayer Clause of the petition, the same stands allowed.

Amended prayer clause is taken on record, subject to just exceptions.

CRM-M-47639-2025

1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.143 dated 19.09.2024, registered under Sections 409, 381, 420, 465, 467 and 468 IPC and Section 13(1) A of PC Act (Section 201 IPC added later on) at Police Station Talwandi Sabo, District Bathinda.

2. Learned counsel contends that the petitioner has been in custody for more than 8 months. During the course of the enquiry of Bank Manager-Anurag Aggarwal, gold vault has two keys, one with the Head Cashier and the other with the Manager and the same could be opened only with both keys as also the signatures of both of them are required at the time of opening thereof, thus the allegation against him of theft of gold ornaments is false. So are the allegations of withdrawal of cash, which cannot be without sharing the OTP from the account holder and if it is through voucher, then signature is required. Challan was presented on 17.04.2025 and the charges have been framed on 08.05.2025, however, out of 37 prosecution witnesses, only 2 have been examined, one of whom was Sudarshan Kumarm PW1-AGM, who has affirmed the facts as stated by the learned counsel. The petitioner is not involved in any other case.

3. Status report along with custody certificate dated 27.10.2025, filed by the learned State counsel are taken on record. As per the same, the petitioner is behind bars for 8 months and 1 day.

4. Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having misappropriated the funds as also committed theft of gold from the vault. However, he is unable to controvert the submissions with regard to stage of the case and the petitioner not being involved in any other case.

5. Heard.

6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 8 months and 1 day; not involved in any other case; challan stands presented on 17.04.2025; charges were framed on 08.05.2025, however, 35 more witnesses still remain to be examined, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

7. 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