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High Court of Punjab and Haryana · body

2025 DAILYLAW 59079 (PNJ)

KAPIL SIHAG v. STATE OF HARYANA

CRM-M/27158/2025 · 2025-07-24

N S Shekhawat

Public Interest Litigationbody2025

Judgment text

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CRM-M-27158-2025 -1- 249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27158-2025 Date of Decision:24.07.2025 Kapil Sihag …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Preetinder Singh Ahluwalia, Advocate with Ms. Keerat Dhillon, Advocate for the petitioner. Mr. Rajiv Sidhu, Sr. DAG, Haryana. Mr. Sauhard Singh, Advocate for the complainant. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.20 dated 24.10.2024 (Annexure P-1) registered under Section 7 and 7-A of the Prevention of Corruption Act, 1988 and Sections 61(2), 127(2), 140(3) and 308(2) of BNS, 2023 (wherein Section 13(1)(b) of Prevention of Corruption Act, 1988 was added later on), at Police Station ACB, District Hisar. 2. Learned counsel for the petitioner contends that the FIR was initially registered on the basis of the complaint made by Aman, wherein it was alleged that the accused had demanded illegal gratification from him, in lieu of not arresting him in a false case. He further contends that the complaint was made by the complainant on 24.10.2024 i.e. after a delay of 14 days of the HEMLATA 2025.07.25 06:10 I attest to the accuracy and integrity of this document CRM-M-27158-2025 -2- occurrence. Learned counsel further contends that Richpal, who was apprehended red handed by the police, has been granted the concession of bail vide order dated 24.12.2024 (Annexure P-3) by the trial Court. He further contends that the other co-accused, namely, Nar Singh has been granted the concession of interim anticipatory bail by this Court. The petitioner was arrested in the present case on 18.02.2025 and is in custody for the last about 05 months. After the presentation of challan, the trial has not progressed and even charge has not been framed against the petitioner. He further contends that there is no other criminal case against the petitioner. 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 is involved in a serious crime. 4. I have heard the learned counsel for the parties and perused the record. 5. In the present case, the petitioner is stated to be in custody for the last more than 05 months and the challan has already been presented against him. Even the main accused, Richpal Singh has already been granted the concession of bail vide order dated 24.12.2024 (Annexure P-3). 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) 24.07.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.07.25 06:10 I attest to the accuracy and integrity of this document