CRM-M-37877-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 118+235 CRM-M-37877-2026 (O&M) Date of decision : 20.07.2026 VIVEK KUMAR ... PETITIONER Versus STATE OF HARYANA .. RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. P.S. Chauhan, Advocate for the petitioner. Mr. Vijay Kumar, AAG, Haryana. *** H.S. Grewal, J.(Oral) CRM-28116-2026 1. This application has been filed under Section 528 of BNSS, 2023 (erstwhile Section 482 Cr.P.C) for placing on record depositions of PW-1 to PW-5 as Annexure P-10. 2. Heard. 3. For the reasons stated in the application, the same is allowed and Annexure P-10 is taken on record, subject to all just exceptions. CRM-M-37877-2026 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) seeking regular bail to the petitioner in case FIR No. 215 dated 02.04.2019 registered under Sections 419, 420, 467 and 468 IPC, (Sections 201, 34 and 120-B IPC were subsequently added), (corresponding Sections 319, 318(4), SONIA GUGNANI 2026.07.21 16.19 I attest to the accuracy and integrity of this document Chandigarh CRM-M-37877-2026 (O&M) -2- 338 & 336(3) BNS, 2023 and Sections 238, 3(5) & 61 BNS, 2023 added later on), at Police Station Model Town, Rewari, District Rewari, Haryana. 2. The case of the prosecution is that the petitioner, by misrepresenting himself to be the owner of the land in question, induced the complainant to enter into an agreement to sell a plot measuring 215 square yards. It is alleged that despite having no lawful title or ownership over the property, the petitioner executed an agreement to sell dated 30.05.2016 and received a sum of ₹24,94,000/- in cash towards the sale consideration. Thereafter, the petitioner neither executed the sale deed in favour of the complainant nor refunded the amount received. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that the dispute is essentially civil in nature arising out of an agreement to sell, which has been given the colour of a criminal prosecution. It is submitted that the entire dispute pertains to contractual obligations and there was no fraudulent or dishonest intention on the part of the petitioner at the inception of the transaction. It is further submitted that the complainant has already initiated civil proceedings in respect of the same transaction. He also submits that the petitioner is in custody for the last more than 01 year, 02 months and 10 days. Although the petitioner is involved in five more cases but all such cases arise out of complaint proceedings instituted under Section 138 of the Negotiable Instruments Act. He, therefore, prays for release of the petitioner on regular bail as the trial is likely to take a long time because none of the prosecution witnesses has been examined so far. SONIA GUGNANI 2026.07.21 16.19 I attest to the accuracy and integrity of this document Chandigarh CRM-M-37877-2026 (O&M) -3- 4. Notice of motion. 5. On the asking of the Court, Mr. Vijay Kumar, AAG, Haryana, accepts notice on behalf of the respondent and vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the custody certificate in Court, which is taken on record. As per the custody certificate, the petitioner is in custody for the last more than 01 year, 02 months and 10 days. He, upon instructions, submits that none of the prosecution witnesses has been examined so far. 6. I have heard the learned counsel for the parties and perused the record. 7. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 01 year, 02 months and 10 days and that the trial is likely to take a long time to conclude as none of the prosecution witnesses has been examined so far, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice. 8. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. SONIA GUGNANI 2026.07.21 16.19 I attest to the accuracy and integrity of this document Chandigarh CRM-M-37877-2026 (O&M) -4- 9. However, it is made clear that in case the petitioner misuses the concession of bail, the State/complainant would be at liberty to seek cancellation of his bail. (H.S.GREWAL) July 20, 2026 JUDGE Sonia Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA GUGNANI 2026.07.21 16.19 I attest to the accuracy and integrity of this document Chandigarh