IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

115+236 CRM-M- 24346-2025 RAHUL SARKAR ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M- 37832-2025 (O&M)

SOMNATH PRAJAPATI ......Petitioner Versus STATE OF HARYANA ......Respondent Decided on : 22.01.2026 CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. D.S. Matya, Advocate, and Ms. Gagandeep Kaur, Advocate, for the petitioner (in CRM-M-24346-2025), and Mr. Shreenath A. Khemka, Advocate, for the petitioner (in CRM-M-37832-2025).

Mr. Aditya Pal Singla, AAG, Haryana.

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SANJAY VASHISTH, J.

1. By this common order, both the aforementioned petitions, i.e. CRM-M-24346-2025 and CRM-M-37832-2025 shall stand disposed of.

2. The instant petitions have been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioners, during the pendency of trial, who have been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

FIR No. Date Section(s) Police District Station

166 07.06.2024 419, 420, 467, 468, City Jhajjar

471, 120-B of IPC and Jhajjar Section 12(1) of Passport Act

2. Learned counsel for the petitioners contend that, as per the allegations contained in the FIR, one Akshay, son of Hariom, a known criminal, succeeded in fleeing from the country on the basis of a forged passport bearing No.W0747717, purportedly issued on 01.06.2022 and valid till 31.05.2032, showing the place of issuance as Delhi. The said passport was allegedly issued on the false identity of one Rohit Gupta, resident of Delhi, who has been cited as a prosecution witness in the present case.

It is further submitted that during the course of investigation, it was alleged that both the petitioners had prepared forged documents. Accused-petitioner Somnath Prajapati was working at a CSC Centre, having proprietorship of one co-accused, namely Navneet.

3. Counsel further submits that petitioner-Somnath Prajapati is in judicial custody since 01.05.2025, whereas petitioner-Rahul Sarkar is in custody since 19.01.2025. Initially, FIR was registered under Sections 120-B and 420 IPC and Section 12(1) of the Passports Act, 1967. However, upon completion of investigation, final report has been submitted against both the petitioners for the offences under Sections

419, 467, 468 and 471 IPC. All the said offences are triable by the Court of learned Magistrate.

It is further argued that final report has already been filed;

however, charges are yet to be framed. Out of total 24 prosecution witnesses, none has been examined, till date. Consequently, trial has not even commenced and is likely to take a considerable time for its conclusion.

4. Learned counsel also submits that nothing incriminating has been recovered from the possession of the petitioners, except certain documents, which are yet to be proved by the prosecution during the course of trial. Therefore, at this stage, involvement of the petitioners in the alleged preparation of forged documents or in facilitating the escape of accused Akshay from the country cannot be presumed to be established on the face of record. Thus, counsel jointly prays for grant of regular bail to the petitioners in the present case.

5. On advance notice and in response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 20.01.2026 of petitioner – Rahul Sarkar in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.

As per the custody certificate, in the present case, petitioner – Rahul Sarkar has already undergone 11 months and 29 days period inside jail.

6. Learned State counsel is unable to dispute any of the factual assertion as stated by counsel for the petitioners today before this Court, including the total incarceration period already undergone by both of them. However, he prays for dismissal of the present petitions.

7. Thi