CRM-M-39285-2026 and other connected case 1 231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39285-2026 Date of Decision: 23.07.2026 RAKESH GERA ...Petitioner Vs. STATE OF HARYANA ...Respondent 2. CRM-M-38472-2026 AVTAR SINGH @ PEHALWAN ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Arun Gupta, Advocate for the petitioner (in CRM-M-39285-2026) Mr. Gaurav Datta, Advocate, Mr. Abhishek Sharma, Advocate and Mr. Raghav Grover, Advocate for the petitioner (in CRM-M-38472-2026) Ms. Gagandeep Kaur, Advocate for the complainant. Mr. Tanuj Sharma, AAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present petitions have been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking grant of regular bail to the petitioners in case FIR No. 94 dated 20.04.2026, initially registered under Section 316(3) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 407 IPC), with Sections 61(2), 3(5), 238 and 317(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 120-B, 34, 201 and 411 IPC, respectively) having been added subsequently, at Police Station Butana, District Karnal (Annexure P-1).Since both the present petitions arise out of the KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 2 same FIR and involve identical questions of fact and law, they are being disposed of by this common order. For the sake of convenience, the facts are being extracted from CRM-M-38472-2026. 2. The prosecution case, as emerging from the FIR, is that the complainant, Parminder Singh, proprietor of Parminder Goods Carrier, alleged that his truck bearing registration No. PB-08-EM-7329, loaded with goods and being driven by Avtar Singh son of Inder Singh (driver), left Noida for Jalandhar on 14.04.2026. It is alleged that before reaching Nilokheri Bridge, Avtar Singh (driver) asked the firm's supervisor, Vikas Singh, to alight from the truck and thereafter fled away with the truck and the goods loaded therein, thereby misappropriating the same. During the course of investigation, the police arrested Avtar Singh (driver), Kulwinder Singh and Avtar Singh @ Pehalwan on 28.04.2026. According to the prosecution, their disclosure statements revealed that after taking away the truck, they, in furtherance of a criminal conspiracy, associated with other co-accused, including Shivam Gaba and Rakesh Gera, for dismantling and disposing of the truck and selling the goods loaded therein. The prosecution further alleges that Shivam Gaba was involved in the purchase and disposal of the truck and its parts, while Rakesh Gera, who runs a junk business in the name of R.R. Disposal, Yamuna Nagar, allegedly purchased and retained certain dismantled parts of the truck. During investigation, recoveries of cash and vehicle parts were allegedly effected pursuant to the disclosure statements of the accused persons. The police also claim to have recovered ₹4,00,000/- from the house of Avtar Singh (driver) and certain spare parts, including the engine with gearbox, axles, springs, rims and other components, from the premises of Rakesh Gera. Upon completion KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 3 of the investigation, the police presented the final report (challan) against all the accused, including Avtar Singh (driver), Avtar Singh @ Pehalwan, Kulwinder Singh, Shivam Gaba and Rakesh Gera, alleging that they acted in concert to dishonestly dispose of the stolen truck and its goods. Submissions on behalf of petitioner Avtar Singh @ Pehalwan 3. Learned counsel appearing on behalf of Avtar Singh @ Pehalwan submits that the petitioner has been falsely implicated in the present case. It is contended that the petitioner is not named in the FIR and no role has been attributed to him in the original allegations relating to the alleged taking away of the truck by Avtar Singh son of Inder Singh, who was employed as the driver of the complainant's vehicle. The implication of the petitioner has arisen only during the course of investigation on the basis of the disclosure statements of the co-accused. 3.1 Learned counsel further submits that even according to the prosecution, no recovery has been effected from the conscious possession or ₹ premises of the petitioner. The alleged recovery of 4,00,000/- was effected from the house of co-accused Avtar Singh (driver) and not from the petitioner. It is argued that the prosecution has failed to place on record any independent material connecting the petitioner with the alleged theft or the subsequent disposal of the truck and its goods, and his alleged involvement rests substantially on the disclosure statements of the co-accused, the evidentiary value whereof shall be tested during trial. 3.2 It is further submitted that the investigation stands concluded and the challan has already been presented before the learned Trial Court. The petitioner is no longer required for custodial interrogation, and the trial is KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 4 likely to take considerable time to conclude. The petitioner undertakes to abide by all the conditions that may be imposed by this Court and prays that he be enlarged on regular bail. Submissions on behalf of petitioner Rakesh Gera 3.3 Learned counsel appearing on behalf of Rakesh Gera submits that the petitioner has been falsely implicated in the present case. It is contended that the petitioner was neither named in the FIR nor attributed any role in the alleged theft of the truck or the goods loaded therein. His implication arose only during the course of investigation on the basis of the disclosure statements of the co-accused. 3.4 Learned counsel submits that the prosecution alleges that certain dismantled parts of the truck were recovered from the petitioner's shop/godown. However, the petitioner is a scrap dealer carrying on business where old vehicle parts, iron scrap and dismantled mechanical components are ordinarily kept in the regular course of business. It is argued that the investigating agency has failed to place on record any cogent material conclusively establishing that the recovered parts belonged to the complainant's truck bearing registration No. PB-08-EM-7329. No scientific examination, chassis or engine linkage, expert opinion or other reliable documentary evidence has been produced to connect the alleged recovered parts with the said vehicle. 3.5 Learned counsel further submits that no recovery of the alleged sale proceeds or any other incriminating material has been effected from the petitioner. It is contended that the prosecution has also failed to establish any money trail or independent evidence showing that the petitioner had KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 5 knowingly purchased or dealt with the alleged stolen truck or its parts. Thus, the petitioner's implication is primarily based upon the disclosure statements of the co-accused, the evidentiary value whereof shall be tested during the course of trial. It is lastly submitted that the investigation stands concluded and the challan has already been presented before the learned Trial Court. The petitioner is no longer required for custodial interrogation, and his further incarceration would serve no useful purpose. Accordingly, it is prayed that the petitioner be enlarged on regular bail. 4. Notice of motion. 5. Mr. Tanuj Sharma, learned Assistant Advocate General, Haryana, has put in appearance on behalf of the respondent-State and has filed the custody certificates dated 22.07.2026, which are taken on record, subject to all just exceptions. As per the custody certificates, the petitioners have already undergone a total custody period of more than 02 years. Ms. Gagandeep Kaur, Advocate puts in appearance on behalf of the complainant (in both cases) and has filed her Vakalatnama, which is taken on record. 5.1 Per contra, learned State counsel opposes the prayer for grant of regular bail and submits that the involvement of both the petitioners surfaced during the course of investigation. It is contended that petitioner Avtar Singh @ Pehalwan actively participated with the co-accused in furtherance of the criminal conspiracy for disposal of the stolen truck and the goods loaded therein, whereas petitioner Rakesh Gera, who is stated to be running a scrap business, was found in possession of dismantled parts of the stolen truck allegedly recovered from his shop/godown during investigation. Learned State counsel submits that the allegations against both the petitioners are serious in KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 6 nature, the challan has already been presented on the basis of sufficient material collected during investigation, and, therefore, neither of the petitioners deserves the concession of regular bail. 6. Be that as it may, this Court has given its thoughtful consideration to the rival submissions advanced by learned counsel for the parties and has perused the material available on record. It is not disputed that the investigation in the present case stands concluded and the challan has already been presented before the learned Trial Court. Consequently, the petitioners are no longer required for any custodial interrogation. So far as petitioner Avtar Singh @ Pehalwan is concerned, his implication has arisen during the course of investigation on the basis of the disclosure statements of the co- accused, with the allegation that he participated in the subsequent disposal of the stolen truck and the goods loaded therein. As regards petitioner Rakesh Gera, he was not named in the FIR and his involvement also surfaced during investigation on the basis of the disclosure statements and the alleged recovery of certain dismantled vehicle parts from his shop/godown. The evidentiary value of the disclosure statements, the alleged recoveries and the respective roles attributed to the petitioners are matters to be examined by the learned Trial Court during the course of trial, and this Court refrains from expressing any opinion thereon. It is further noticed that both the petitioners have remained in judicial custody since their respective arrests. The trial has not yet commenced and none of the prosecution witnesses has been examined. In view of the fact that the investigation stands concluded, the challan has already been presented and the trial is likely to take time, further incarceration of the petitioners would serve no useful purpose. Accordingly, without KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 7 commenting upon the merits of the case, this Court is of the considered opinion that both the petitioners deserve to be enlarged on regular bail, subject to appropriate terms and conditions. 7. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 8. Accordingly, the present petition is allowed, and the petitioners are ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioners 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. 2. The petitioners shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 8 directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioners shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioners their permanent residential addresses as well as present correspondence addresses, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either 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. 5. The petitioners 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, 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 bail in accordance with law. 6. The petitioners shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential addresses or mobile number within seven days from the date of such change. 7. The petitioners 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 their personal appearance is exempted in accordance with law. They shall not absent themselves from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or their unauthorized absence from the KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39285-2026 and other connected case 9 trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. A photocopy of the order be placed on the file of other connected case. (VIRINDER AGGARWAL) JUDGE 23.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.24 15:25 I attest to the accuracy and integrity of this document Chandigarh