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2025 Supreme(Online)(P&H) 29471

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARJIT SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
CRM-M_43793_2025



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 17.10.2025 HARJIT SINGH ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. P.S.Ahluwalia, Advocate, for the petitioner.

Mr. Manipal Singh Atwal, DAG, Punjab.

AMAN CHAUDHARY, J. (ORAL)

1. Prayer in the present petition filed under Section 483 of BNSS, 2023 is for grant of regular bail to the petitioner in case FIR No.27 dated 27.05.2025, registered at Police Station Vigilance Bureau, Range Amaritsar, under Section 7 of the Prevention of Corruption Act, 1988.

2. Learned counsel contends that the petitioner has been in custody for about 5 months. He alleges false implication. The requisite sanction has not been obtained as on date. He has given ‘No Objection’ to the voice sampling on 15.10.2025 before the trial Court. Challan has been presented on 23.07.2025, however, charges are yet to be framed.

There are, in all, 16 witnesses. He is not involved in any other case.

3. The custody certificate dated 16.10.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 4 months and 17 days.

4. Learned State counsel opposes the bail on the ground that the petitioner was apprehended at the spot in pursuance to a trap and recovery of Rs.10,000/- was effected from him. There is an audio recording also which connects him with the offence. However, he is unable to controvert the submissions with regard to stage of the case 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 17 days; not involved in any other case; challan stands presented on 23.07.2025, but charges are yet to be framed; there are 16 witnesses in all; the trial is likely to take a considerable time and 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:-

during the trial.

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, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

9. In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

17.10.2025 (AMAN CHAUDHARY)

parveen kumar JUDGE

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