CRM-M No.42485 of 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 243 ***** CRM-M No.42485 of 2026 Date of decision : 7.8.2026 Date of uploading : 7.8.2026 Solanki Shantiben ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Samay Singh Sandhawalia, 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.73 dated 1.4.2026 under Sections 318(2), 318(4) and 61 of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Sushant Lok, 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 Deputy Commissioner office East Gurugram Respected Sir, Subject: Fraud cheating with myself. I would like to bring to your notice the following: I am resident of C-1845 Ground Floor Sushant Lok-1 Gurugram Haryana. On13th Feb 2026, I was returning with my sister Brother in law from my farm situated in village kherki, Baghankimanesar Gurugram. In front of Panchgaon on the road going to Gurugram, I had a tyre burst in my car approx at 11.00am, while I was changing my tyre a man approached me and showed me 3 silver coins 1 Gold coin asked me to get it tested, my first obvious reaction was that I ASHWANI KUMAR 2026.08.07 16:04 I attest to the accuracy and integrity of this document CRM-M No.42485 of 2026 -2- refused, he insisted told me that he has 300 approx. silver coins a lot of small Gold Coins. I agreed to get it tested after Persuasion. On testing at Tanishq reliance jewels I found it to be 23 carat Gold coins silver as original. After 2 days he called me from his phone No 95573-16038 on 15 Feb 2026. I told him that the quantity was less and to be tested need more quantity. He than met me near the flyover in my car came to Tanishq on MG Road. This time he was along with a women, introduced as his sister and another person, introduced as his helper. He was carrying a bag with similar Gold Coins, which I picked up found approx. 10- 11 kgs. On Tanishq we tested the coin found it was Gold. I was not convinced than went to Reliance Jewels Gold souk here the Gold was melted found to be approx. 23 carat. After I was convinced that this was Gold, He said I will give you all this at 1 Cr/kg, I told him I don't have this much money, He told me to do my best arrange whatever best I could. He left the piece of Gold with me which was approx. value of 13 lac. I got convinced that he is trusting me with the gold I agreed that I'll take time to collect the money. I told him that I have to travel will be back on 19th February. There were exchange of calls between me and him during this time. He told me that he will go back to his village in Madhya Pradesh will resignas JCB operator, his present job go to his village. On 21st February he returned in a Mahindra chota hathi with MP Number (I do not have his number) and Met me asked me if the money was ready I told him I have collected only 20lac, to which he was infuriated. I told him that collecting such an amount is impossible for me he can take his goldback. After some time he said he will discuss with his sister who was sitting in the Mahindra chota Hathi. He after some time came told me that he will stay with me at my farm in Manesar. Now I long with my cousin brother put my houseand took money on interest. On 2nd March he came to my house at C-1845 GF Sushant Lok-1 and took money thentravelled with me to my farm and brought the so called Gold he handed over the approx 5 kgs of Gold coins (which later was nothing but Brass) I gave him 2.49 cr. And approx 50 tola Gold of my late Mother. His 2 Contact ph no. were (closed now) 1. 9557316038, 7506715434 Regards Vivek Devgun S/O J. C. Sharma house no C-1845 ground Floor sushant Lok 1 Gurgaon (9818009007).’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 12.4.2026. Learned counsel has further submitted that the FIR in question essentially arises out of a money dispute. Learned counsel has further urged that another co-accused namely Solanki Prabhu Bhai Gulshan Bhai @ Kalpesh has been afforded the concession of ASHWANI KUMAR regular bail by a Coordinate Bench of this Court vide order dated 8.6.2026 2026.08.07 16:04 I attest to the accuracy and integrity of this document CRM-M No.42485 of 2026 -3- passed in CRM-M No.32701 of 2026. Learned counsel has further urged that challan, upon culmination of investigation, already stands filed. Learned counsel has further urged that a settlement has also been arrived at between the rival concerned private parties. 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 regular bail. Learned State counsel seeks to place on record custody certificate dated 5.8.2026 in Court, 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 12.4.2026 wherein after investigation was carried out; challan was prepared on 8.6.2026 and subsequently filed. It is not in dispute that total 21 prosecution witnesses have been cited but none have been examined till date. It is thus indubitable that culmination of trial will take its own time. It is also not in dispute before this Court that trial emanating from the FIR in question is magisterial one. The rival contentions raised at Bar 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 ASHWANI KUMAR 2026.08.07 16:04 I attest to the accuracy and integrity of this document CRM-M No.42485 of 2026 -4- evidence. 6.1 As per custody certificate dated 5.8.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 3 months and 7 days. As per the said custody certificate, the petitioner is stated to be involved in 01 another FIR(s). Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. 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 ASHWANI KUMAR 2026.08.07 16:04 I attest to the accuracy and integrity of this document CRM-M No.42485 of 2026 -5- trial Court/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 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 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