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CRM-M-15643-2025(O&M) -1- 253 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15643-2025(O&M) Date of Decision:29.04.2025 Devender Kumar …Petitioner vs. State of Haryana …Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Partap Singh, Advocate with Ms. Santosh Bhardwaj, Advocate and Mr. Gourav Jangra, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, Haryana. Mr. Vivek Goyal, Advocate, for the complainant. *** N.S.Shekhawat J. (Oral) CRM-13361-2025
1. Application is allowed as prayed for subject to all just exceptions. Annexures A-1 to A-3 and Annexures P-3 and P-4 are taken on record. CRM-M-15643-2025
1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail in case FIR No.655 dated 19.09.2023 registered under Sections 406, 419, 420, 201 of IPC, at Police Station Sadar Thanesar, District Kurukshetra.
2.
Learned counsel for the petitioner contends that the allegations in the present case pertained to the year 2015, whereas the FIR has been got registered by the complainant on 19.09.2023, after the unexplained delay of 08 years. He further contends that even as per the allegations levelled in the complaint, the dispute is primarily of civil nature and it has been illegally converted into a criminal offence. He refers to the plaint (Annexure P-2) dated HEMLATA 2025.04.30 01:26 I attest to the accuracy and integrity of this document
CRM-M-15643-2025(O&M) -2- 21.03.2023, to contend that the FIR has been got registered by the complainant as a counter blast to the institution of the civil suit by him. By referring to agreements (Annexures P-3 and P-4), learned counsel contends that the petitioner is neither a signatory to the agreements in question nor a beneficiary thereof. Moreover, he was having no connection with the agreements and has been unnecessarily dragged in the present case. The petitioner was arrested on 08.02.2025 and is in custody since then. After completion of investigation, challan has already been presented against the petitioner and the trial is not even formally commenced against him.
3. On the other hand, learned State counsel assisted by learned counsel for the complainant have vehemently opposed the submissions made by
learned counsel for the petitioner on the ground that the petitioner had cheated the complainant, who is a senior citizen, to the tune of lacs of rupees.
4. I have heard the learned counsel for the parties and perused the record.
5. In the present case, the petitioner is in custody for the last more than 02 months and the investigation has already been concluded. However, no witness has been examined so far and all the offences are triable by the Court of Magistrate.
6. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.
(N.S.SHEKHAWAT) 29.04.2025
JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.04.30 01:26 I attest to the accuracy and integrity of this document