CRM-M-48158-2025 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-48158-2025 Date of Decision:-04.09.2025 Shiv Ram. ......Petitioner. Vs. State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Divij Datt, Advocate for the Petitioner. Mr. Vishal Kashyap, Sr. DAG Haryana. *** JASJIT SINGH BEDI, J.(ORAL) The Prayer in this petition under Section 483 BNSS (earlier Section 439 Cr.PC) r/w Section 528 of the BNSS, 2023 (earlier Section 482 Cr.PC) is for grant of the grant of regular bail to the petitioner in case FIR No.16 dated 13.05.2025 under Sections 7 of the Prevention of Corruption Act, 1988 7A PC Act, 61(2), 204, 318(4), 336(3), 338, 340 (2) BNS 2023 P.S. ACB, Gurugaon. 2. The present FIR came to be registered at the instance of Vinod and reads as under:- “ To, the Deputy Superintendent of Police, whose facts as follows that, "To, the Superintendent of Police, Anti-Corruption Bureau, Gurugram. Sir, it is requested that I am Vinod son of Sh. Harkesh, resident of village Partapgarh, tehsil Ballabhgarh Police Station Sector 58, district Faridabad. One of my familiar told me that jobs are being given in the government school in Gurugram for the post of Sweeper through HKRN. On the advice of my familiar, I went to VINAY MAHAJAN 2025.09.05 10:13 I attest to the accuracy and integrity of this document CRM-M-48158-2025 #2# Government Model Sanskrit Primary School, Chakkarpur, Gurugram on 02.04.2025 and met the Head of the School. Who asked my name and address and explained my work to me and kept me on the post of Sweeper. I was kept there for a day or two to check me. Later supervisor Ravinder came and asked me for my Aadhar card, PAN card and a copy of my bank passbook, which I gave to supervisor Ravinder. After this I continued to do my duty in the said school. But when my salary did not come even after 1 month, I asked to supervisor Ravinder about my salary, he said whether your ID card has been made or not. To which I said that it is not made yet. Ravinder Supervisor asked me to talk to Anil Field Officer in this regard. During this time, I was on a 3 day leave from 05.05.2025, so I got a call from Anil sir on mobile No. 9899588937 to my mobile No. 8619554686, on which I talked about my salary and my ID card, Anil sir said that this work will not be done without giving and taking something and without ID card you will not get salary, in this matter I told HR Saini Sir at the head office I will ask him and let you know. Then I talked to Anil Sir on phone on 07.05.2025, he said that I have talked to HR Saini, Saini Sir has said that I will not get the I card without paying any money, you talk to Saini Sir yourself, I have told everything to Saini Sir, he will tell about the money, then I talked to HR Saini Sir on his phone No.9650284824, I asked about my salary and I card, then Sacni Sir said that it will 70 & 80 thousand rupees which I will have to pay, when I asked to reduce the money, Saini Sir said that give 50 thousand now and give the rest when the salary comes and talk to Anil Field Officer in this regard, then I talked to Anil Sir on 08.05.2025, he said that you give this money to supervisor Shivram, then I asked Shivram supervisor When I called on his No.9958334708, he said give me the money and your work will be done. I have only twenty thousand rupees and I do not want to give this money as bribe. I have no monetary transaction with HR Saini Sir and Anil Field Officer, Shivram Supervisor and neither do I have any grudge against them. I have recorded the conversation about bribe with HR Saini Sir, Anil Field Officer and Shivram in a voice recorder. I will submit my recording to you. Legal action should be taken against HR Saini, Anil Field Officer, Shivram Supervisor and corrupt employees. Sd/- Vinod Applicant.” VINAY MAHAJAN 2025.09.05 10:13 I attest to the accuracy and integrity of this document CRM-M-48158-2025 #3# 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. A co-accused, namely, Anil Kumar has been granted the concession of bail vide order dated 02.09.2025 in CRM-M-47394-2025. As the petitioner is in custody since 16.05.2025, but none of the 61 prosecution witnesses has been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail, more so when the co-accused of the petitioner has been granted the concession of bail 4. The learned counsel for the State on the other hand contends that the nature of allegations levelled against the petitioner and his co- accused do not entitle the petitioner to the concession as prayed for. He however concedes that the petitioner is in custody since 16.05.2025 that none of the 61 has been examined so far and that the co-accused of the petitioner has already been granted bail. 5. I have heard the learned counsel for the parties. 6. The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the trial. Admittedly, the petitioner is in custody since 16.05.2025 and none of the 61 prosecution witnesses has been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. Hence, the further incarceration of the petitioner is not warranted, moreso when his co-accused has been granted the concession of bail. 7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Shiv Ram son of Sh. Raj Kumar is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. VINAY MAHAJAN 2025.09.05 10:13 I attest to the accuracy and integrity of this document CRM-M-48158-2025 #4# 8. The petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.25,000/- 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 petitioner from the trial without sufficient cause. 9. The petition stand disposed of. ( JASJIT SINGH BEDI ) JUDGE September 04, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.09.05 10:13 I attest to the accuracy and integrity of this document