CRM-M-34497-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (231) CRM-M-34497-2026 (O&M) Date of Decision:14.07.2026 PRITAM … Petitioner Versus STATE OF HARYANA ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Parveen Sharma, Advocate for the petitioner. Mr. Karan Veer Singh, Sr. DAG, Haryana. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present petition, being the first under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), has been preferred seeking the concession of regular bail during the pendency of trial in FIR No. 380 dated 29.12.2025 (Annexure P-1), registered under Sections 316(2), 318(4), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 406, 420, 468, 467 and 471 of the Indian Penal Code, 1860, respectively), along with Section 24 of the Emigration Act, 1983, at Police Station Civil Lines, District Sonipat. 2. Briefly stated, the prosecution case, as emerging from the allegations contained in the FIR (Annexure P-1), is that the complainant approached the petitioner for obtaining a New Zealand Work Permit Visa and, pursuant to an agreement dated 06.05.2024 (Annexure P-2), paid an GAURAV SOROT 2026.07.15 10:05 I attest to the accuracy and integrity of this document CRM-M-34497-2026 (O&M) -:2:- advance amount of 1,00,000/- ₹ towards visa processing and allied expenses. It is alleged that the visa-related documents subsequently supplied to the complainant were found to be forged and fabricated. Thereafter, the petitioner allegedly introduced the complainant to co- accused Funny Sharma for procuring a New Zealand Study Visa. It is further alleged that, acting upon the representations made by the petitioner and the co-accused, the complainant transferred a sum of 5,39,900/- ₹ into the bank account of Explore Pixel Tours and Travels LLP at the instance of co-accused Funny Sharma. On the basis of the aforesaid allegations, the present FIR came to be registered. 3. Notice of motion. 4. At the very outset, Mr. Karan Veer Singh, learned Senior Deputy Advocate General, Haryana, accepts notice on behalf of the respondent-State. Learned State counsel has vehemently opposed the prayer for grant of regular bail and prayed for dismissal of the present petition. 5. I have heard learned counsel for the parties at considerable length and have carefully perused the paper book, the custody certificate and the material available on record with their able assistance. 6. Admittedly the applicant-petitioner has remained in judicial custody since 16.04.2026. It is not disputed that the investigation stands concluded and the final report (challan) has already been presented before the competent Court. The petitioner is stated to have clean antecedents, and no other criminal case is reported to be pending against him. Since the investigation has attained finality, the continued custodial detention of the petitioner is no longer required for any investigative purpose. It is also GAURAV SOROT 2026.07.15 10:05 I attest to the accuracy and integrity of this document CRM-M-34497-2026 (O&M) -:3:- well settled that the right to a speedy trial forms an inseparable facet of the guarantee under Article 21 of the Constitution of India, and an undertrial cannot be subjected to prolonged incarceration when the trial is not likely to conclude within a reasonable period. Having regard to the period of custody already undergone by the petitioner, the completion of investigation, the absence of any criminal antecedents and the fact that the conclusion of the trial is likely to consume considerable time, this Court is of the considered opinion that no useful purpose would be served by further prolonging the petitioner's incarceration pending trial. Accordingly, without expressing any opinion on the merits of the case, the petitioner deserves to be enlarged on regular bail. 6.1. Consequently, the present petition is allowed. The applicant- petitioner is ordered to be released on regular bail, subject to furnishing adequate bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and subject further to the following conditions:- i. The petitioner(s) shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the Investigating Agency. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. GAURAV SOROT 2026.07.15 10:05 I attest to the accuracy and integrity of this document CRM-M-34497-2026 (O&M) -:4:- In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. v. The petitioner(s) shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, the Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law. vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior GAURAV SOROT 2026.07.15 10:05 I attest to the accuracy and integrity of this document CRM-M-34497-2026 (O&M) -:5:- permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of bail and issuance of appropriate coercive process, including warrants of arrest. 7. In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof. ( VIRINDER AGGARWAL) 14.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.15 10:05 I attest to the accuracy and integrity of this document