IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

207 CRM-M-41745-2025 (O&M) Date of decision: 10.11.2025 Gurbinder Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. J.S. Thakur, Advocate for the petitioner Mr. Manipal Singh Atwal, DAG Punjab *****

AMAN CHAUDHARY, J. (ORAL)

1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.18 dated 16.06.2025, registered under Section 7 of Prevention of Corruption Act at Police Station Vigilance Bureau Range, Ferozepur.

2. Learned counsel contends that the petitioner has been in custody for about 5 months. He alleges false implication as the FIR is registered at the behest of one Harish, who was a contractor and was not given the contract for April, 2025 to March, 2026, thus, had a grudge against him and instigated the complainant to do the same. The petitioner is working as Sanitary Inspector in the Municipal Council and has nothing to do with the passing of bills to the complainant, the power regarding which vests with the Executive Officer of the said council. Challan was presented on 13.08.2025, however, the charges have not been framed, which will take time as sanction had not been recorded. In all there are 17 prosecution witnesses. The petitioner is not involved in any other case.

3. Status report along with custody certificate dated 08.11.2025, filed by the learned State counsel are taken on record. As per the same, the petitioner is behind bars for 4 months and 22 days.

4. Learned State counsel opposes the bail on the ground that the petitioner was caught red handed with Rs.15,000/- bribe money. However, he is unable to controvert the submissions with regard to stage and the petitioner being not 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 4 months and 22 days; not involved in any other case; challan stands presented on 13.08.2025, however, the charges are yet to be framed for want of prosecution sanction; there are a total of 17 prosecution witnesses, 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 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.

8. It is made abundantly clear that in case there is any breach of the aforesaid conditions,