CRM-M No.35791 of 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 211 ***** CRM-M No.35791 of 2026 Date of decision : 17.7.2026 Date of uploading : 18.7.2026 Yogesh Kumar ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Ankur Lal, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.15 dated 30.04.2026 under Section 7 of the Prevention of Corruption Act, 1988 and Section 308(2) of BNS, 2023, registered at Police Station Anti-Corruption Bureau, Gurugram. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- “To, The Inspector Vigilance, District Rewari. I am Saravan Kumar son of Shri Chand Singh, is resident of village Nanda, Police Station Khol, District Rewari. I am running a CSC centre in village Nanda which is approved by Haryana government. I am owner of motorcycle, make HERO HF DELAX bearing registration No.HR36AV1739 and on 17.04.2026 upon his request was given to Sundar Lal son of Ghanaram, resident of village Baikabas, District Alwar, Rajasthan. Sundar Lal works at the toll tax office near Kathuwas, Old Asoka ASHWANI KUMAR 2026.07.18 11:14 I attest to the accuracy and integrity of this document CRM-M No.35791 of 2026 -2- Hotel. I contacted Sundar several times about returning my motorcycle, but his phone was switched off. I inquired about Sundar at the Asoka Hotel. I came to know that Sundar had stolen a bag from the Asoka Hotel, where he worked and fled on my motorcycle. Hotel owner Sunil has filed an FIR against Sundar for theft. The details of my motorcycle were also given in that FIR. The motorcycle is parked at the Chowki Kund Police Station Khol and in this regard I went to the police station on 22.04.2026 and met with the police station in-charge, Yogesh and asked about my motorcycle. He said, we have traced your bike and it's worth Rs.1,00,000/-. You have to pay Rs.10,000/- for it. I replied, Sir, I am a poor man and can't afford that much. He replied, no it will cost the full amount. Then, on 27.04.2026 (27.04.2023 wrongly mentioned), I went back to Chowki Kund and met with the in-charge, Yogesh and asked will you give me my bike when I get the Superdari order from the court? The in-charge said, it would not be released that way. I replied, Sir, I can pay Rs.5000/-. Then he said neither yours nor mine, give me Rs.7000/-, I said Rs.7000/-, he said yes, okay. I do not want to give bribe to this corrupt employee. I had recorded this conversation in my recorder, which I will present later. I do not know the said employee from before and I have no dealings with him nor do I have any grudge. SD/- SHARVAN KUMAR Sharvan Kumar son of Shri Chand Singh, resident of village Nanda, police station Khol, district Rewari, mobile no.9996708248 Police action: Today on 30.4.2026, I Inspector, is present at Government State Vigilance Department, Anti- Corruption Bureau, Sub Centre, Rewari, that the complainant Sharvan Kumar son of Shri Chand Singh, resident of village Nanda, police station Khol, district Rewari, has come to the office and presented a typed complaint to myself Inspector. Upon perusal of the complaint, it was found that the offence under Section 7 of the PC Act and 308 (2) of the BNS has been committed. The case is being sent to the State Vigilance and Anti-Corruption Bureau, Gurugram, through HC No.1747/SPT, for registration of a case. The case be registered and the case number be intimated and a special report of the case should be sent to the area magistrate and higher officials through the appropriate channel. Gazetted and independent witnesses have been informed to bring a shadow witness, a government employee, with them. ASI Rajeev No.5/104 HAP, ASI Bir Singh No.1988/FBD, EASI Ravinder No.1270/GGM, CT Vinod No.721/RWR have been included in the raiding party and Mr. Arvind Yadav, SDO, Irrigation Department, Rewari, has brought along with him Mr. Jitender, clerk, office of SDO, Irrigation Department, Rewari, as a shadow witness. Who was introduced to the complainant, the Inspector along with the complainant, Gazetted independent witness, shadow witness, raiding party, investigation bag and laptop, I am going to the scene of incident in Government vehicle no. HR-03GV- 3082. Today: Office of SV ACB UNIT REWARI SD/-INSP. DEVENDER SINGH P.S. SV ACB UNIT REWARI DT 30.4.2026 AT 05.30 PM Today, on the basis of ASHWANI KUMAR 2026.07.18 11:14 I attest to the accuracy and integrity of this document CRM-M No.35791 of 2026 -3- Tahrir at Police Station Amda, a case for which the said crime has been registered. Copies of the FIR have been prepared by CCTNS. Which will be sent to the officers and the area magistrate as per the rules. One copy of the FIR is being sent to the area magistrate sahib Rewari by email as a special report. The report of the case along with the original Tahrir is being sent to HC Dilbag no.1747/SPT for further investigation by Inspector Devendra Singh.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 30.04.2026. Learned counsel has further argued that the petitioner has been falsely implicated in the FIR in question, as the FIR complainant was not satisfied with his investigation. Learned counsel has further submitted that there is no direct material available on record to hold that the petitioner had ever demanded bribe from the FIR complainant. Learned counsel has further submitted that, in any case, the investigation is complete and the challan stands presented, and the culmination of the trial will take time. Learned counsel has further argued that the requisite prosecution sanction is yet to be received. Learned counsel has further urged that the petitioner has clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel has submitted that, since the petitioner is a police official, there is every likelihood that he may influence the witnesses, especially the FIR complainant, if released on regular bail. Learned State counsel seeks to place on record custody certificate dated 9.7.2026 in Court, which is taken on record. ASHWANI KUMAR 2026.07.18 11:14 I attest to the accuracy and integrity of this document CRM-M No.35791 of 2026 -4- 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 30.04.2026 wherein after investigation was carried out and challan qua the petitioner stands presented on 25.06.2026. Total 22 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 9.7.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 02 months and 9 days & is not shown to be involved in any other case Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on her furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:- ASHWANI KUMAR 2026.07.18 11:14 I attest to the accuracy and integrity of this document CRM-M No.35791 of 2026 -5- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent herself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit her passport, if any, with the trial Court. (vi) The petitioner shall give her cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change her cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 17.7.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.07.18 11:14 I attest to the accuracy and integrity of this document