CRM-M-45563-2025 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (226-2 cases) Date of decision: 24.09.2025 (1) CRM-M-45563-2025 (O & M) Constable Sonu Saini .... Petitioner V/s State of Haryana ...Respondents (2) CRM-M-37148-2025 (O & M) Vinay Kumar .... Petitioner V/s State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Vivek Dahiya, Advocate and Ms.Kadambari Bhan, Advocate, (in CRM-M-45563) Mr. Aditya Sanghi, Advocate, with Mr. Surinder Singh, Advocate, and Mr. Saurabh Sharma, Advocate (in CRM-M-37148) for the petitioners. Mr. T.P. Singh, Sr. DAG, Haryana. ***** JASJIT SINGH BEDI, J. (Oral) This order shall dispose of two criminal miscellaneous petitions i.e. CRM-M-45563-2025 and CRM-M-37148-2025 as they arise out of the same FIR. 2. The petitioners, namely, Constable Sonu Saini (in CRM-M- 45563-2025) and Vinay Kumar (in CRM-M-37148-2025) seek the grant of SUKHPREET KAUR 2025.09.25 05:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-45563-2025 (O & M) ::2:: regular bail under Section 483 of BNSS in case bearing FIR No.552 dated 25.12.2019 under Sections 384, 120-B IPC and Section 7 of the Prevention of Corruption Act, 1988 registered at Police Station Kaithal City, District Kaithal. 3. For the sake of convenience, the facts are being taken from the petition bearing No. CRM-M-45563-2025. 4. The facts in brief are that a written complaint was made by the complainant Surender Kumar to S.P. Kaithal. It was stated that the complainant was running a scrap shop at Jind road, Kaithal. On 23.12.2018, at around 06:00 PM, five persons came at his shop and introduced themselves as officials of CID Crime Branch, Delhi. They stated that complainant had dismantled the stolen car and a case would be registered against him. They demanded Rs.5,00,000/- as a bribe. Finally, the matter was settled for Rs.3,00,000/-. The complainant gave Rs.2,33,000/- to them. They went back towards Delhi. At around 03:00 AM (night), Head Constable Vinay made a telephonic call which the complainant recorded. Vinay asked that when the amount was settled for Rs.3,00,000/- why had the complainant given Rs.2,33,000/- only. Again on 24.12.2018 and 26.12.2018, Head Constable Vinay had telephonic conversation with him. The complainant’s brother informed the Vigilance Inspector regarding the entire incident. CIA Inspector Ramesh Chander, Kaithal contacted the complainant. A team was constituted. The team encircled the Delhi Police car at Jind bypass road, where they were waiting for the complainant to give SUKHPREET KAUR 2025.09.25 05:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-45563-2025 (O & M) ::3:: more money. They all were drunk. The Kaithal Police apprehended all the Delhi Police officials. They were taken to Police Station City, Kaithal alongwith their vehicles. Wasim Akram, S.P. Kaithal also reached at the spot. He after talking for around 1½ hours with the Delhi Police Officials in a separate room went back. One ASI took the phone of the complainant and deleted the phone recording. But complainant had saved the recording in some other phone. On that night, the wire of the CCTV footage of Police Station Kaithal City was deliberately disconnected. The complainant came to know the next day that the Kaithal police had let off the Delhi Police officials. Again on 27.12.2018, some new Delhi Police officials came. They threatened the complainant and his brother for implicating them in a false criminal case. On 26.04.2019 at about 07:00 PM one Innova Car stopped near the drain, where his nephew Bhagat Singh was going. One of the persons with a muffled face caught hold of his nephew Bhagat Singh and took him to a nearby shop. Chander Bhan (complainant’s brother) made telephonic calls to Bhagat Singh and came to know that some of the persons were misbehaving with him after introducing themselves as officials of CIA- I Hisar. Those persons also took a DVR from the shop but there was one another DVR, where everything was recorded. At about 07:22 PM those persons took Bhagat Singh in an Innova Car introducing themselves as Hisar CIA officials. On 27.04.2019, the complainant went to CIA Hisar where Bhagat Singh informed him that he was given beatings on his naked body and his mouth was gagged with cloth. Hisar CIA branch, Inspector Vijender SUKHPREET KAUR 2025.09.25 05:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-45563-2025 (O & M) ::4:: Singh asked the complainant to compromise with the Delhi police. Hisar CIA official Ram Dia demanded Rs.15,000/-, 5 bags of wheat and 10 KG of desi ghee from him. The complainant reached with these articles at Hisar CIA but his nephew Bhagat Singh was not released. Bhagat Singh stated that the police officials had given him severe beatings. On 28.04.2019, on the statements of some dacoits, his nephew Bhagat Singh was implicated in a dacoity case. On 28.04.2019 again CIA-I Hisar official Ram Dia made telephonic call and asked the complainant to come to him. The complainant reached Hisar CIA-I. Ram Dia got the wheat bags and desi ghee at CIA gate and also accepted Rs.15,000/- from him. He also insisted upon the complainant to compromise with the Delhi police. However, the complainant’s nephew Bhagat Singh was not released. On 29.04.2019, the complainant again went to CIA Hisar but he was informed that Bhagat Singh had been implicated in a dacoity case and was in custody at police station Bhuna Fatehabad. Bhoop Singh was investigating officer at Police Station Bhuna, Fatehabad. On 30.04.2019, Bhoop Singh alongwith two police officials came to Pehowa shop and prepared some site plan. At noon, the complainant went to Police Station Bhuna, where Bhoop Singh gave an empty wallet, mobile, ATM cards and Aadhar Card of Bhagat Singh. When the complainant explained that Bhagat Singh was having approximately Rs.33,180/- in his wallet then Bhoop Singh asked complainant to approach CIA Hisar. When the complainant met his nephew Bhagat Singh, he disclosed the names of police officials who tortured him. The complainant SUKHPREET KAUR 2025.09.25 05:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-45563-2025 (O & M) ::5:: demanded action against CID Crime Branch, Delhi officials and of Kaithal police and Hisar CIA-I against the erring officials, who demanded money and tortured his nephew and pressurized the complainant to compromise the matter. At this FIR No.552 dated 25.12.2019 under Section 384 IPC and Section 7 of PC Act was registered at Police Station City, Kaithal. 5. The learned counsel for the petitioner-Constable Sonu Saini (in CRM-M-45563-2025) contends that the only allegation against the petitioner is that he was the member of the Delhi Police Party but no specific role has been attributed to him. A similar situated co-accused, namely, Ashok Kumar has been granted the concession of interim anticipatory bail by this Court vide order dated 05.09.2025 passed in CRM-M-27930-2025. As the petitioner is in custody since 12.05.2025, he be granted the concession of regular bail. 6. The learned counsel for the petitioner-HC Vinay Kumar (in CRM-M-37148-2025) contends that the allegations levelled against the petitioner of making a demand of money on the phone from the complainant are baseless. Be that as it may, as he is in custody since 21.04.2025, the investigation stands concluded but none of the 25 prosecution witnesses has been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he too is entitled to the concession of bail. 7. The learned counsel for the State, on the other hand, contends that the allegations against the petitioners are grave inasmuch as they were SUKHPREET KAUR 2025.09.25 05:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-45563-2025 (O & M) ::6:: members of the Delhi Police Party who extorted money from the complainant. As regards, the petitioner-HC Vinay Kumar (in CRM-M-37148- 2025), he contends that there are transcripts of phone recordings between the complainant and the petitioner substantiating the prosecution version of extorting money. He, therefore, contends that the petitioners are not entitled to the concession of bail. He, however, concedes that the report under Section 173(2) Cr.P.C. (193(2) BNSS, 2023) stands presented, the petitioners are in custody since 12.05.2025 and 21.04.2025 respectively and none of the 25 prosecution witnesses has been examined so far. 8. I have heard the learned counsel for the parties. 9. Though, the allegations against the petitioners and their co- accused are grave, the veracity of the prosecution case against the petitioners and their co-accused shall be adjudicated upon during the course of the Trial. The petitioners are stated to be first-time offenders, in custody since 12.05.2025 and 21.04.2025 respectively but none of 25 prosecution witnesses has been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation, their further incarceration is not required. 10. Thus, without commenting on the merits of the case, the present petitions are allowed and the petitioners, namely, Constable Sonu Saini (in CRM-M-45563-2025) and Vinay Kumar (in CRM-M-37148-2025) are SUKHPREET KAUR 2025.09.25 05:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-45563-2025 (O & M) ::7:: ordered to be released on bail subject to their furnishing bail bonds and surety bonds each to the satisfaction of learned CJM/Duty Magistrate, concerned. 11. If any attempt whatsoever is made by the petitioners and/or their family members/friends to contact/threaten/intimidate any of the witnesses of the present occurrence, the State/complainant shall be at liberty to move an application for cancellation of bail granted vide this order. 12. In addition, the petitioners (or anyone on their behalf) shall prepare an FDR in the sum of Rs.1,00,000/- each and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioners from trial without sufficient cause. 13. These petitions stand disposed of. 14. The pending application(s), if any, shall stand disposed of accordingly. 15. A copy of this order be placed on the files of the connected petition bearing No. CRM-M-37148-2025 tiled as ‘Vinay Kumar versus State of Haryana’. ( JASJIT SINGH BEDI) September 24, 2025 JUDGE sukhpreet Whether speaking/reasoned Yes/No Whether reportable Yes/No SUKHPREET KAUR 2025.09.25 05:43 I attest to the accuracy and integrity of this document chandigarh