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High Court of Punjab and Haryana · body

2025 DAILYLAW 7819 (PNJ)

SHAILENDER @ BABLU v. STATE OF HARYANA

CRM-M/25384/2026 · 2026-07-16

Sumeet Goel

body2025

Judgment text

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CRM CRM CRM CRM----M M M M----25384 25384 25384 25384---- 133 133 133 133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Shailender @ Bablu State of Haryana Date of Date of Date of Date of Decision Decision Decision Decision Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL seeking grant of regular bail to the petitioner 24.09.2025, registered for the off BNS, 2023 (Section 61(2) of the BNS added later on), Crime, Ballabhgarh, 2. accused had cheated the complainant received a sum of Navi Finance 3. custody since falsely implicated the petitioner is actually a mere labourer and was allured by the co ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM CRM CRM CRM----M M M M----25384 25384 25384 25384----2026 2026 2026 2026 Shailender @ Bablu Versus Haryana Decision Decision Decision Decision: : : : July 16 July 16 July 16 July 16, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 16 July 16 July 16 July 16, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Gaurav Singla, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section grant of regular bail to the petitioner, in case bearing FIR No registered for the offences punishable under Section (Section 61(2) of the BNS added later on), Crime, Ballabhgarh, District Faridabad. The gravamen of FIR in question is that the accused had cheated the complainant on the pretext of received a sum of Rs.11,91,076.75 after raising a Navi Finance by misusing the details of the complainant. Learned counsel for the petitioner has argued that the petitioner is in custody since 24.01.2026. Learned counsel has iterated that falsely implicated into the FIR in question. Learned counsel has further urged that the petitioner is actually a mere labourer and was allured by the co 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2026 2026 2026 2026 ….Petitioner …Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Mr. Gurmeet Singh, AAG Haryana. filed under Section 483 of the BNSS in case bearing FIR No.187 dated ences punishable under Sections 318(4) of the (Section 61(2) of the BNS added later on), at Police Station Cyber FIR in question is that the petitioner and other co- on the pretext of online work/ task and raising a loan of Rs.11,20,000/- from by misusing the details of the complainant. Learned counsel for the petitioner has argued that the petitioner is in iterated that the petitioner has been Learned counsel has further urged that the petitioner is actually a mere labourer and was allured by the co-accused to part 1111 ….Petitioner …Respondent 483 of the BNSS dated of the Cyber - and from Learned counsel for the petitioner has argued that the petitioner is in has been Learned counsel has further urged that accused to part MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----25384 25384 25384 25384----2026 2026 2026 2026 with the details of his bank account, which has been used for committing the offence in question. Learned counsel has further urged that assuming arguendo, the prosecution version is taken to be correct, the petitioner is alleged to have handed over his bank account details to Raj Singh who, in turn, has actually committed the fraud/ cheating in question, and still at large on bail by the concerned Sessions Court. Learned counsel has further urged that the petitioner is a man aged about 36 years and is the only bread-earner of his family. Thus, regular bail is prayed for. 4. Learned State counsel has field status report by way of an affidavit dated 06.07.2026, in the Court today, which is taken on record. Raising submissions in tandem with the said status report, learned State counsel has opposed the present petition by arguing that allegations raised against the petitioner are direct/ serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel also seeks to place on record the custody certificate dated 15.07.2026, in the Court today, 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 24.01.2026, whereinafter, the investigation was carried out and the challan has been presented on 19.03.2026. Total 07 prosecution witnesses have been cited and it is conceded case before this Court that none has been examined till date. It is, thus, indubitable that culmination of trial will take its own time. The rival contention raised at Bar give rise to debatable issues, which shall essentially 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 MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----25384 25384 25384 25384----2026 2026 2026 2026 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 15.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 05 months and 22 days, & is not shown to be involved in any other FIR(s). 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 allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, 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 cellphone 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 concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----25384 25384 25384 25384----2026 2026 2026 2026 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE July July July July 16 16 16 16, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment