Punjab-Haryana High Court
Inderjit Singh Sohi vs State Of Punjab on 27 March, 2025
Neutral Citation No:=2025:PHHC:042401
CRM-M No.5201 of 2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
238
*****
CRM-M No.5201 of 2025
Date of decision : 27.3.2025
Inderjit Singh Sohi .............Petitioner
Versus
State of Punjab .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Anmol Rattan Sidhu, Senior Advocate with
Mr. S.S. Gill Advocate, for the petitioner
Mr. Inderjit Singh Ladher, DAG, Punjab
Mr. Rajbir Singh Attri, Advocate, for the complainant
---
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.24 dated 21.2.2024, under Sections 406, 420, 120-B, 467, 468, 471 of the IPC, registered at Police Station Phase-I, District SAS Nagar (Mohali).
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
'Today one Complaint No.6807/P/SSP dated 6.12.2023 from Sandeep Gaushal son of Mohammar Rashid, resident of House No.29, City Control Room, Civil Line, Near Old Court, Ludhiana, Punjab and Complaint No. 7169/P/SSP dated 23.12.2023 from Kindervir Singh Badesha son of Sh. Paramjit Singh resident of Wajirpur, Tehsil Dhuri, District Sangrur, Punjab and Complaint No. PGD279326 Lovepreet Singh son of Sh. Gurjit Singh resident of House No. 99, Krishna Enclave, Backside of Milar Hotel, Khanpur, Kharar, District SAS Nagar (Mohali), Punjab which are received for case registration from Hon'ble SSP SAS Nagar through ASI Tavinder Singh 803/SAS which are having following contents, "To, Hon'ble SSP, Mohali, Punjab. Subject: Request letter 1 of 10 ::: Downloaded on - 29-03-2025 14:44:01 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -2- for fraud / cheating caused on pretext of providing UK visa. Sir, It is requested that 1, Sandeep Gaushal son of Mohamar Rashid resident of House No. 29, City Control Room, Civil Line, Near Old Court, Ludhiana, Punjab and I hereby state that I contacted the owner of Har Jass Study Abroad & Immigration at C-7 & 8, Ist Floor, Big Splash, Sector 17, Vashi Navi Mumbai, Maharashtra namely Inderjit Singh Sohi and his wife Parminder Kaur Sohi for the purpose of going abroad to UK. After conducting talks with above company for lot of time, I was happy with their services and as per their assurance I decided to submit my file for going abroad to UK and they completely assured me that they will also provide UK work visa and UK PR and in this regard I finalized the deal for Rs. 45,00,000/- with the owners as a total package wherein they assured me that they will send me to UK and will also provide me PR. In this regard, I paid Rs. 45,00,000/- to above company and complete details of the payments are as per below:- Payment of Rs.
1,60,000/- was made from ICICI Bank Account No. 777701870310 on 14.06.2023 to Account of Har Jass Study bearing Account No. 021663300003159 and Rs. 5,00,000/- were transferred on 14.09.2023 in Account of Har Jass Study bearing Account No. 021663300003159 and Rs. 5,50,000/- were transferred on 15.09.2023 in account of Har Jass Study bearing Account No. 021663300003159. Thereafter, Rs. 32,90,000/- were given by me in cash at Mohali to owner of above company namely Inderjit Singh Sohi and his wife Parminder Kaur Sohi. After taking complete payment from us the owners of above Company namely Inderjit Singh Sohi and his wife Parminder Kaur Sohi did not provide any confirmed information about my visa file despite passing of five months and whenever I make phone call to them for obtaining update about my file then they did not discuss in a proper way and they did not reply to me properly. Upon seeing all this I did not see any hope from them and thereafter I decided to take back my file from the above company. In this regard, when I wished to tack back my case from them then they started hurling abuses at me and started giving me threats and said that we will neither return your file nor we will nor we will return your money. Therefore, it is requested that stern action be taken against owners of above company and justice be provided to me and my payment be got returned to me. Thanking You. Dated 30.11.2023. Yours faithfully, Sd/- Sandeep Gaushal son of Mohamar Rashid resident of House No. 29, City Control Room, Civil Line, Near Old Court, Ludhiana, Punjab 95306-02007/To. 5306-02007/το. Hon'ble SSP, Sahib, SAS Nagar (Mohali), Subject:- Regarding fraud/cheating on pretext of UK visa. Sir, It is requested that I, Kindervir Singh Badesha son of Sh. Paramjit Singh resident of Wajirpur, Tehsil Dhuri, District Sangrur, Punjab. That I approached owners of M/s Har Jass Study Abroad & Immigration Office Address C-7 & 8, 1st Floor, Big Splash, Sector 17, Vashi Navi Mumbai, Maharashtra namely Inderjit Singh Sohi and his wife Parminder Kaur Sohi for the purpose of visa for UK. As per instructions of Inderjit Singh Sohi and his wife Parminder Kaur Sohi, 1 submitted file for investor VISA of UK and this deal was finalized in lieu of Rs. 25,00,000/- as a package. This entire amount was paid by me to Inderjit Singh Sohi in cash. Inderjit Singh Sohi did not provide me any information regarding this and from past several months excuses are being given to me. That now after passing long time, I am demanding my money back and then Inderjit Singh Sohi has given me one cheque bearing No. 015931 of ICICI Bank Branch Vishakhapatnam for Rs. 5 lacs and my remaining amount of Rs. 20 lacs is not refunded to me till today. Inderjit Singh Sohi took several other cases through my reference and those 2 of 10 ::: Downloaded on - 29-03-2025 14:44:02 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -3- persons have informed me that Inderjit Singh Sohi is not conducting their works also and he has also conducted fraud with those persons also. Therefore, legal action be taken against them and justice be provided to me. Yours faithfully Sd/- Kindervir Singh Badesha son of Sh. Paramjit Singh, resident of Wajirpur, Tehsil Dhuri, District Sangrur, Punjab, To, Hon'ble SSP, SAS Nagar (Mohali). Subject: Regarding fraud on pretext of UK Abroad VISA. Sir, It is requested that I, Lovepreet Singh son of Sh. Gurjit Singh resident of House No. 99, Krishna Enclave, Backside Milar Hotel, Khanpur, Kharar, District SAS Nagar (Mohali) Punjab. That I contacted owners of M/s Har Jass Study Abroad & Immigration Office Address C-7 & 8, 1st Floor, Big Splash, Sector 17, Vashi, Navi Mumbai, Maharashtra namely Inderjit Singh Sohi and wife Parminder Kaur Sohi for obtaining UK Work Permit. As per instructions from Inderjit Singh Sohi and Parminder Kaur Sohi I submitted file for UK work permit and in this regard package of Rs. 20,00,000/- was finalized. That I paid 14500 Pounds payment as Embassy Fees to Inderjit Singh Sohi. Thereafter, Inderjit Singh Sohi gave me fake documents due to which I was banned from UK embassy. After all this, 1 discussed with Inderjit Singh Sohi regarding my file and he did not inform me about anything regarding this and now when I am asking him to refund my money then he is using foul language with me and he is threatening me for not returning my money. Due to this reason, I am coming under depression mentally. That Inderjit Singh Sohi and his wife Parminder Kaur Sohi have played with my life and have caused fraud and cheating with me for my funds.I request you to take legal action against the above persons and justice be provided to me. Yours faithfully, Sd/- Lovepreet Singh son of Sh. Gurjit Singh resident of House No. 99, Krishna Enclave, Backside Milar Hotel, Khanpur, Kharar, District SAS Nagar (Mohali), Punjab. That above complaints were marked by Hon'ble Senior Superintendent of Police, District SAS Nagar to Superintendent of Police, Rural, District SAS Nagar for enquiry and report. That Superintendent of Police, Rural, District SAS Nagar submitted enquiry report no. 581, 613/5C/Superintendent of Police (Rural) Dated 01.02.2024 Subject:- 1. Complaint No. 6807/P Dated 06.12.2023 and he submitted report which is as per below: From Superintendent of Police (Rural) District SAS Nagar. To, Senior Superintendent of Police, District SAS Nagar No. 581/613/5C/ Superintendent of Police (Rural) Dated 01.02.2024 Subject: Report regarding 1. Complaint No. 6807/P Dated 06.12.2023 from Sandeep Gaushal son of Mohmar Rashid resident of House No. 29, City Control Room, Civil Line, Near Old Court, Ludhiana, 2. Complaint No. 7169/P Dated 23.12.2023 from Kindervir Singh Badesha son of Paramjit Singh resident of Wajirpur Tehsil Dhuri District Sangrur, 3. Complaint No. PGD 279326 from Lovepreet Singh son of Gurjit Singh resident of House No. 99, Krishan Enclave, Backside Milar Hotel, Khanpur, Kharar, District SAS Nagar. Sir, It is requested that above cited complaint no. 6807/P dated 06.12.2023 was examined and it was found that complainant has submitted this complaint against Second Party Inderjit Singh Sohi and his wife Parminder Kaur Sohi, Har Jass Study Abroad and Immigration C-7 & 8, First Floor, Big Splash, Sector 17, Vashi Navi Mumbai Maharashtra for taking money but not applying for UK VISA and other known persons of complainant namely Lovepreet Singh, Manpreet Kaur, Harpreet Singh, Mamta Rani and Harpreet Kaur for applying for UK VISA on the basis of forged / fake documents and action has been sought. Complaint No. 7169/P Dated 23.12.2023 submitted by Kindervir Singh Badesha was examined and it has been observed that 3 of 10 ::: Downloaded on - 29-03-2025 14:44:02 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -4- complainant has submitted this complaint against Second Party Inderjit Singh Sohi and his wife Parminder Kaur Sohit, Har Jass Study Abroad and Immigration, C-7 & 8. First Floor, Big Splash, Sector 17, Vashi Navi Mumbai Maharashtra for defrauding Rs. 25 lacs on pretext of Business VISA of UK and action has been sought. Complaint No. PGD 279326 has been examined and it has been found that complainant has submitted this complaint against Second Party Inderjit Singh Sohi and his wife Parminder Kaur Sohi, Har Jass Study Abroad and Immigration, C-7 & 8, First Floor, Big Splash, Sector 17, Vashi Navi Mumbai, Maharashtra for applying for UK Work Visa on basis of forged / fake documents and defrauding Rs. 20 lacs and action has been sought. During enquiry of complaint, statements of included persons namely Sandeep Gaushal, Harpreet Singh, Kindrvir Singh Badesha were noted and Mamta Rani, Harpreet Kaur submitted their statements on 22.01.2024 via email which are enclosed for review. Audio sent by Complainant party Mamta Rani is also enclosed for review. Second Party Inderjit Singh Sohi and Parminder Kaur Sohi were issued summons by office of undersigned vide summon no. 4463/5A dated 08.12.2023, 4540/5A dated 14.12.2023, 4681/5A dated 21.12.2023, 4783/5A dated 26.12.2023, 4813/5A dated 30.12.2023 and 39/5A dated 03.01.2024 which are enclosed for review. Second Party did not participate in enquiry despite noting the summons. During enquiry following facts have been observed: 1. Complainant Kindervir Singh Badesha does work of Visa consultancy and he has obtained Visa License No. 165/DC/MA/SGR/2021. Complainant Kindervir Singh Badesha has office in name of High Rise Immigration at Phase-1 District SAS Nagar. Complainant Sandeep Gaushal does work there as Manager. That they only do work of student Visa. Complainants are not doing business of work visa and business visa due to which Complainant Kindervir Singh Badesha and Complainant Sandeep Gaushal intended UK Business Visa and other known persons of Complainant Sandeep Gaushal namely Lovepreet Singh resident of House No. 99, Krishna Enclave Village Khanpur Tehsil Kharar, Manpreet Kaur and her husband Harpreet Singh resident of Village Simbal Jalliyan District Rupnagar, Mamta Rani resident of House No. 24, Sugar Mill Colony, Ward No. 6, Morinda, District Rupnagar and Harpreet Kaur resident of Village and PO Budhan, District Sangrur intended UK work visa for themselves. Due to this reason, they approached Second Party Inderjit Singh Sohi and his wife Parminder Kaur Sohit owners of Har Jass Study Abroad and Immigration for the purpose of their Visa and complainants directly asked Harjass Study Abroad's owner Inderjit Singh Sohi and his wife Parminder Kaur Sohi for meeting them. 2. Second Party Inderjit Singh Sohi and his wife Parminder Kaur Sohi demanded Rs. 25 lacs for Complainant Kindervir Singh Badesha, Rs. 45 lacs for Complainant Sandeep Gaushal, Rs. 20 lacs for Complainant's known person Lovepreet Singh, Rs. 35 for Manpreet Kaur and her husband Harpreet Singh, Rs. 25 lacs for Mamta Rani and Rs. 25 lacs for Harpreet Kaur in lieu of providing them visa. That after this direct meeting, payments were given on different dates via bank or in cash. Complainant Sandeep Gaushal paid them for his business visa of UK and transferred funds of Rs. 1.60 lacs on 14.06.2023 to the bank account of second party's company bearing account no. 021663300003159 from his ICICI Bank Account No. 777701870310 and on 14.09.2023, Rs. 5 lacs were transferred, and Rs. 5.50 lacs were transferred on 15.09.2023 and on 16.09.2023 an amount of Rs. 32 lacs 90 thousand was given by Complainant Sandeep Gaushal in cash and complainant Kindervir Singh 4 of 10 ::: Downloaded on - 29-03-2025 14:44:02 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -5- Badesha gave cash of Rs. 25 lacs to second party's representative namely Prince at Bus Stand Phase 6 District SAS Nagar. Copy of bank statement is enclosed. Owner of above company namely Inderjit Singh Sohi and Parminder Kaur Sohi neither provided UK Visa to complainant Kindervir Singh Badesha and Complainant Sandeep Gaushal nor their funds were returned to them. Second Party gave one cheque of Rs. 5 lacs bearing cheque no. 015931 (ICICI Bank) to Complainant Kindervir Singh Badesha but the same was not cleared by bank due to signatures mismatch. Cheque and copy of bank's letter dated 08.12.2023 is enclosed herewith. 4. Complainant Sandeep Gaushal's known person Lovepreet Singh gave cash of Rs. 17.83 lacs on 26.09.2023, Mamta Rana gave Rs. 15,14,800/- cash, Manpreet Kaur and Harpreet Singh gave cash of Rs. 8,52,250/- on 04.10.2023 for obtaining 03 years UK work visa and this cash was given to second party.
5. Second Party has annexed Certificate of Sponsorship along with 03 year work visa file of complainant Lovepreet Singh. The same has certificate no. C2G45783102. The same is issued by Ability Focus Limited Company and is issued in name of Lovepreet Singh wherein work tenure in UK is mentioned from 05.11.2023 to 05.11.2026. However, UK embassy has issued letter no. SHEF01/4558150 dated 21.11.2023 as per which Certificate of Sponsorship No. C2G4578310Z is not issued to Lovepreet Singh. Due to this reason, UK embassy has imposed bank to Lovepreet Singh for UK. Letter is enclosed for perusal. 6. Second Party has applied for 03 year UK work visa for Manpreet Kaur and while applying certificate of sponsorship no. C2G2F92016N is annexed in file. That this certificate is also issued from Ability Focus Limited Company and is issued in name of Manpreet Kaur wherein UK work tenure is mentioned from 10.11.2023 to 11.11.2026 but UK embassy has issued letter as per which this certificate no. C2G2F92016N is not original document. Due to this, UK Embassy has imposed bank on Manpreet Kaur for 10 years and visa for Manpreet Kaur's husband has also been refused. Letter is enclosed for perusal. 7. Second Party has applied for 03 year UK work visa for Mamta Rani and while applying the certificate of sponsorship bearing no. C2G1S68286M is annexed. That this certificate is issued by Ability Focus Limited company and is issued in name of Mamta Rani wherein UK work tenure is mentioned from 05.11.2023 to 04.11.2026. However, UK embassy has issued letter no.101/4465184 dated 22.09.2023 as per which work visa is provided to Mamta Rani from 30.10.2023 to 26.11.2024. Letter is enclosed for review. However, as per Mamta Rani's statement, Inderjit Singh Sohi and his wife have assured her to provide 03 year work visa and for providing job in Ability Focus Company. However, second party has neither provided 03 year work visa nor given job in this company. Copy of email sent by Mamta Rani along with voice note are enclosed. 8. Second party has applied for 03 year work visa of Harpreet Kaur and while applying certificate of sponsorship no. C2G4J18307Y is annexed. That this certificate is issued by Ability Focus Limited company and is issued in name of Harpreet Kaur wherein UK work tenure is mentioned from 20.11.2023 to 19.11.2026. However, UK Embassy has issued letter no. UKV101/4507647 dated 08.10.2023 as per which Harpreet Kaur has been provided work visa from 30.10.2023 to 03.12.2024. Letter is enclosed for review. However, as per statement of Harpreet Singh, respondents Inderjit Singh Sohi and his wife assured him 03 years work visa of UK and also provided assurance of giving him job in Ability Focus Company. However, second party neither provided 03 year work visa nor providing job in this company. Copy of email is enclosed. Conclusion Report: From 5 of 10 ::: Downloaded on - 29-03-2025 14:44:02 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -6- the facts observed during enquiry and from perusal of statement and documents it has been found that complainant Kindervir Singh Badesha does work of visa consultancy and he has office in name of High Rise Immigration in Phase 1 District SAS Nagar. Because complainant Kindervir Singh Badesha does not do work of business visa and work visa due to which complainant party approached second party Inderjit Singh Sohi and his wife Parminder Kaur Sohi owners of Har Jass Study Abroad and Immigration C-7 & 8, First Floor, Big Splash, Sector 17, Vashi Navi Mumbai, Maharashtra for obtaining their visa. Second Party Inderjit Singh Sohi and his wife Parminder Kaur Sohi took Rs. 25 lacs from Kindervir Singh Badesha for providing business visa, Rs. 45 lacs from Sandeep Gaushal for providing business visa of UK, Rs. 17.83 lacs. from Lovepreet Singh for providing UK work visa and Rs. 8,52,250/- for providing work visa to Manpreet Kaur and her husband Harpreet Singh and Rs. 15,14,800/- were taken from Mamta Rani for providing UK work visa. However, Second Party did not submit any file for UK visa of Sandeep Gaushal and Kindervir Singh Badesha. Second Party Kindervir Singh Badesha has given cheque of Rs. 5 lacs bearing Cheque No. 015931 (ICICI Bank) but this cheque could not be cleared due to signature mismatch. Second Party also annexed forged / fake certificates of sponsorship for Lovepreet Singh, Manpreet Kaur and her husband Harpreet Singh for providing 03 year work visa. Due to this, UK embassy imposed bank on Lovepreet Singh and Manpreet Kaur for UK and refused visa for Harpreet Singh. UK Embassy has provided 01 year skilled work visa to Mamta Rani and Harpreet Kaur but second party took payment from Mamta Rani and Harpreet Kaur on pretext of providing 03 year work visa and for providing them job in Ability Focus company. From the investigation so far, it has been found that offences have been commissioned by second party and intervention of police is liable to be conducted in this matter. Second Party Inderjit Singh Sohi and his wife Parminder Kaur Sohi have conducted well planned conspiracy due to which Rs. 45 lacs were taken from Sandeep Gaushal and Rs. 25 lacs were taken from Kindervir Singh Badesha but no file was submitted for them pertaining to UK visa and fake certificate of sponsorships were annexed for Lovepreet Singh, Manpreet Kaur and her husband Harpreet Singh while applying for their UK work visa bearing certificate no. C2G4S78310Z and C2G2F92016N and second party also assured 03 year work visa along with job in Ability Focus Company to Mamta Rani and Harpreet Kaur but in actual only 01 year visa was provided and by doing so the respondents / second party have conducted breach of trust, fraud and cheating with the complainants. Due to this, case is liable to be registered against Second Party Inderjit Singh Sohi, Parminder Kaur Sohi. During enquiry if any involvement/ role of any other person is found then the same may be examined and offences can be reduced /added as per evidences observed during the course of enquiry. If approved then instructions be issued to SHO Police Station Phase 1 District SAS Nagar to register case under sections 406, 420, 467, 468, 471, 120-B IPC at Police Station Phase 1, District SAS Nagar against Inderjit Singh Sohi and his wife Parminder Kaur Sohi, Har Jass Study Abroad and Immigration, C-7 & 8, First Floor, Big Splash, Sector 17, Vashi Navi Mumbai, Maharashtra and for conducting further enquiry. Report is submitted for necessary orders. Sd/-Superintendent of Police, Rural, District SAS Nagar. That SP Rural District SAS Nagar forwarded the above complaints along with conclusion report to Hon'ble SSP and Hon'ble SSP District SAS Nagar mentioned remarks, "SHO Phase-1 register the case & investigate." Sd/- Sr. Supdt. Of 6 of 10 ::: Downloaded on - 29-03-2025 14:44:02 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -7- Police Distt. SAS Nagar. Today upon receiving the same at police station the case is registered as above for above offences against Inderjit Singh Sohi and his wife Parminder Kaur Sohi, Har Jass Study Abroad and Immigration, C-7 & 8, First Floor, Big Splash, Sector 17, Vashi Navi Mumbai, Maharashtra and after registration the case the enquiry was conducted by ASI Davinder Singh No. 123/SAS Nagar.'
3. Learned senior counsel for the petitioner has argued that the petitioner is in custody since 21.6.2024. Learned counsel has further iterated that the petitioner has been falsely implicated into the FIR in question on account of a business dispute with Sandeep Gaushal (complainant company). Learned counsel for the petitioner has further argued that though total 18 prosecution witnesses have been cited, only two have been partly examined till date. Learned senior counsel has very fairly conceded that the cross-examination of these two witnesses was deferred on the request of learned trial defence counsel on 27.2.2025 but thereafter the said witnesses have not been repeatedly turning up for their testimonies recorded and even bailable warrants stands issued against them. Thus, regular bail has been 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 seeks to place on record custody certificate dated 26.3.2025 in Court, which is taken on record.
Learned counsel for the complainant has argued that there is clear, cogent and clinching material available in the trial so as to reflect the culpability of the petitioner. Learned counsel has further argued that the complainant/aggrieved party are gullible and ordinary persons who 7 of 10 ::: Downloaded on - 29-03-2025 14:44:02 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -8- have been defrauded by the petitioner. Learned counsel for the complainant has further argued that in case the petitioner is released on regular bail, there is every likelihood that he may hamper the trial and influence the witnesses. Learned counsel has further argued that the petitioner, by adopting dubious means has defrauded the complainant a huge amount of more than one crore rupees.
5. I have heard counsel for the parties and have gone through the available records of the case.
6. The petitioner was arrested on 21.6.2024 whereinafter investigation was carried out and challan was presented on 13.9.2024.
Total 18 prosecution witnesses have been cited out of which only two have been examined till date. The rival contentions raised by the learned counsel shall be essentially ratiocinated 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. As per custody certificate dated 26.3.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of eight months and twenty-six days.
7. As per the said custody certificate, the petitioner is stated to be involved in one more case i.e. FIR No.213 dated 23.10.2024, registered under Section 24 of Immigration Act, 1963, Police Station Dasuya, Hoshiarpur. Indubitably, the antecedents of a person are required to be 8 of 10 ::: Downloaded on - 29-03-2025 14:44:02 ::: Neutral Citation No:=2025:PHHC:042401 CRM-M No.5201 of 2025 -9- 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.
8. 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 the trial.
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(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.
9. 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.
10. Ordered accordingly.
11. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
(SUMEET GOEL)
JUDGE
27.3.2025
Ashwani
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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