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2026 DAILYLAW 35274 (PNJ)

PANKAJ v. STATE OF HARYANA

CRM-M/41180/2026 · 2026-08-07

Sumeet Goel

body2026

Judgment text

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CRM-M No.41180 of 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 ***** CRM-M No.41180 of 2026 Date of decision : 7.8.2026 Date of uploading : 7.8.2026 Pankaj ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Tushar Gautam, 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.12 dated 15.4.2026 under Sections 7, 7-A, 13(1)(b) read with Section 13(2) of Prevention of Corruption Act, 1988, registered at Police Station Anti Corruption Bureau, Gurugram. 2. The gravamen of the FIR in question is that the petitioner, being a public servant, demanded a bribe from the complainant, on behalf of co- accused Sunil Kumar for conducting a survey of the damaged crop under the Crop Insurance Scheme. Upon the raid being conducted, the alleged bribe money was recovered from him. 3. Learned counsel for the petitioner has argued that the petitioner ASHWANI KUMAR 2026.08.07 16:04 I attest to the accuracy and integrity of this document CRM-M No.41180 of 2026 -2- is in custody since 16.04.2026. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question on account of office rivalry. Learned counsel has further submitted that alleged bribe money was not recovered from the petitioner. Learned counsel has urged that, in any case, upon culmination of investigation, challan stands presented and conclusion of the trial will take long. Learned counsel has further urged that the petitioner is a man aged 30 years with clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of regular bail. Learned State counsel has further argued that the prosecution has presented, along with the challan, an audio recording which clearly points out the culpability of the petitioner. Learned State counsel seeks to place on record the custody certificate dated 5.8.2026, in the Court today, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 16.04.2026, whereinafter, the investigation was carried out and the challan qua the petitioner has been presented on 12.6.2026. Total 26 prosecution witnesses have been cited and it is conceded case before this Court that none has been examined till date as the charges are yet to be framed. The rival contention raised at Bar give rise to debatable issues, which shall essentially be ratiocinated upon ASHWANI KUMAR 2026.08.07 16:04 I attest to the accuracy and integrity of this document CRM-M No.41180 of 2026 -3- 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 5.08.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 03 months and 20 days & is not shown to be involved in any other FIR(s). 6.2. Keeping in view the factual milieu of the case in hand; especially the factum of there being arguable points which shall be gone into during the course of trial, the challan (upon culmination of investigation) having been presented, conclusion of the trial not appearing to be coming forth in near future, the petitioner with clean antecedents; this Court is inclined to consider the present bail plea affirmatively. 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 his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (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 himself on any date before ASHWANI KUMAR 2026.08.07 16:04 I attest to the accuracy and integrity of this document CRM-M No.41180 of 2026 -4- the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his 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 for 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 7.8.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.08.07 16:04 I attest to the accuracy and integrity of this document