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CRM-M-47977-2025 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-47977-2025 Date of Decision:-03.09.2025 Ram Niwas. ......Petitioner. Vs. State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Dr. Anmol Rattan Sidhu, Senior Advocate assisted by Mr. Shiv Kumar Sharma, Advocate & Mr. Bhisham Kinger, Advocate for the Petitioner. Mr. Ved Parkash, Sr. DAG Haryana. *** JASJIT SINGH BEDI, J.(ORAL) The Prayer in this petition under Section 483 BNSS is for grant of the grant of regular bail to the petitioner in case FIR No.20 dated 20.06.2025 under Sections 7 & 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988 registered at Police Station Anti Corruption Bureau, Hisar, District Hisar, Haryana. 2. The present FIR came to be registered at the instance of Balwan Singh and reads as under:-
“ The case set up by the prosecution is that complainant Balwan Singh informed the police that the accused in question was demanding a bribe of Rs.20,000/- in order to secure bail for the complainant's son in FIR No.183/2023, under Sections 420, 406 and 506 IPC, Police Station Civil Lines, Hisar. The complainant recorded the conversation between him and the accused and moved a written complaint against him before the police officials of Anti Corruption Bureau, Hisar. Thereafter a raiding party was constituted. Thirty currency notes of the denomination of VINAY MAHAJAN 2025.09.03 17:13 I attest to the accuracy and integrity of this document
CRM-M-47977-2025 #2# Rs.500/- of total value of Rs.15,000/- were laced with phenolphthalein powder. Independent witness and shadow witness were also prepared. Thereafter the accused in question was caught red handed after having taken the bribe amount of Rs.15,000/-. ”
3. The learned Senior Counsel for the petitioner contends that the allegations levelled against the petitioner of having demanded an illegal gratification is baseless. The recovery of Rs.15,000/- has been foisted upon him. As the petitioner is in custody since 20.06.2025, but none of the 26 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. 4. The learned counsel for the State on the other hand contends that the petitioner sought an illegal gratification to secure bail for the complainant’s son. He was caught red handed while receiving a sum of Rs.15,000/-.
Therefore, the nature of the allegations levelled against the petitioner do not entitle him to the concession of bail. He however concedes that the petitioner is a first time offender, in custody since 20.06.2025 and none of the 26 Pws has been examined so far. 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 stated to be in custody since 20.06.2025 and none of the 26 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, his further incarceration is not required. 7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Ram Niwas son of Sh. Roshan Lal is ordered to be released on bail subject to his furnishing bail bonds and surety VINAY MAHAJAN 2025.09.03 17:13 I attest to the accuracy and integrity of this document
CRM-M-47977-2025 #3# bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. 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 stands disposed of. ( JASJIT SINGH BEDI ) JUDGE September 03, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.09.03 17:13 I attest to the accuracy and integrity of this document