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2025 DAILYLAW 90851 (PNJ)

MUKESH KUMAR v. STATE OF HARYANA

CRM-M/44270/2025 · 2025-08-21

N S Shekhawat

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Judgment text

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CRM-M-44270-2025 -1- 248 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44270-2025 Date of Decision:21.08.2025 Mukesh Kumar …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vinod Ghai, Sr. Advocate with Mr. Arnav Ghai, Advocate Ms. Kashish Sahni, Advocate and Mr. Dhruv Trahen, Advocate, for the petitioner. Mr. B.S.Saroha, DAG, Haryana. *** N.S.Shekhawat J. (Oral) 1. On the oral request made by learned Senior counsel for the petitioner, the offence under Sections 7 and 13 of Prevention of Corruption Act be added in the headnote as well as in prayer clause of the main petition. Learned counsel is permitted to carry out the necessary correction in the Court today itself. 2. 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.1130 dated 21.11.2019 (wrongly mentioned as 22.11.2019 in the impugned order), registered under Sections 409, 420, 467, 468, 471, 120-B of IPC and Sections 7 and 13 of Prevention of Corruption Act, at Police Station Gurugram Sadar, District Gurugram. 3. Learned Senior counsel appearing on behalf of the petitioner contends that the FIR in the present case was registered on 21.11.2019 and the petitioner has been arrested after a delay of more than 04 and a half years, without any evidence. Even during the course of investigation, the police could HEMLATA 2025.08.22 01:35 I attest to the accuracy and integrity of this document CRM-M-44270-2025 -2- not ascertain the name of the person, who had allegedly paid the amount of bribe to the petitioner or any other public servant. Still the provisions of Section 7 and 13 of the Prevention of Corruption Act have been added in the present case. Learned Senior counsel further submits that co-accused, Kuldeep has been granted the concession of bail by the Court of Additional Sessions Judge, Gurugram. Still further, Pawan Bhardwaj and Rakesh Bhardwaj, main accused have already been admitted to bail by the Court of Additional Sessions Judge, Gurugram. The petitioner is in custody for the last more than 03 months and the challan has been presented against him. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. 5. I have heard the learned counsel for the parties and perused the record. 6. In the present case, the petitioner is stated to be in custody for the last more than 03 months and the challan has been filed against him. Further, other co-accused, namely, Kuldeep, Pawan Bhardwaj and Rakesh Bhardwaj have been granted the concession of bail by the Court of Additional Sessions Judge, Gurugram. 7. 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) 21.08.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.08.22 01:35 I attest to the accuracy and integrity of this document