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.44 dated 6.4.2024 under Sections 120-B and 420 of IPC, registered at Police Station Cyber Crime, Ballabgarh, District Faridabad.

2. The gravamen of the FIR in question is that the petitioner alongwith his co-accused has committed fraud of ₹8,95,118/- with the complainant through telegram from 23.2.2024 to 26.2.2024 on the pretext of giving part time job.

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 12.6.2025. Learned counsel has further argued that the investigation qua the FIR in question is complete and culmination of the trial will take long. Learned counsel has further submitted that the prime basis of involving the petitioner into the FIR in question is the disclosure statement, which is not tenable in law. Learned counsel has further submitted that the petitioner is a man aged 33 years with no criminal antecedents. Thus, regular bail is prayed for.

4. Learned State counsel has filed status report by way of affidavit of Aman Yadav, HPS, Assistant Commissioner of Police, Cyber, Faridabad dated 20.3.2026, which is on record. Raising submissions in tandem with the said status report, 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 17.4.2026 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 12.6.2025 wherein after investigation was carried out; challan was prepared on 8.10.2025 and subsequently filed. Total 14 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. 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.

6.1 As per custody certificate dated 17.4.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 10 months and 6 days & 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.

7. 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.

8. In case of breach of any of the aforesaid conditions and those which may be imposed by c