IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 14.01.2026 Date of uploading: 15.01.2026 Vinay Vijay --Petitioner Versus U.T., Chandigarh --Respondent CORAM:- HON'BLE MR. JUSTICE SUMEET GOEL.

Present:- Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Manish Bansal, Addl. P.P., UT, Chandigarh.

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SUMEET GOEL.J (Oral)

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.96 dated 08.08.2025 registered under Sections 318(4), 319(2), 336(3), 338, 340(2), 61(2) BNS, 2023 at Police Station Cyber Crime, Chandigarh.

2. The gravamen of the FIR in question is that the petitioner is an accused of being a fraudster, who duped the complainant of an amount of Rs.2,33,703/-.

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 01.10.2025. Counsel has submitted that the petitioner has been falsely implicated in the FIR in question. Learned counsel has further submitted that, in fact, the petitioner has been duped by a person namely Waqil Ahmad, who has not yet been arrested by the police. Learned counsel has submitted that, upon culmination of investigation, challan stands presented and trial is underway. Learned counsel has submitted that petitioner is a man of clean antecedents and thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 13.01.2026 in Court, which is taken on record.

5. I have heard counsel for the parties and have gone through the available records of the case.

6. The petitioner was arrested on 01.10.2025 wherein after investigation was carried out and challan stands presented on 28.11.2025. It is submitted that total 09 prosecution witnesses have been cited and only one has been examined till date. It is not disputed that conclusion of trial will take long. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

7. As per custody certificate dated 13.01.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of more than 03 months and is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

8. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

9. In case of breach of any of the aforesaid conditions and those which may be imposed