Chetan Bhardwaj vs State Of Haryana

Sanjay Vashisth, J

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of

FIR

Date

Section(s)

Police

District

Petitioner(s)

No.

Station

CHETAN

204

05.07.2024

406 and

Baldev

Ambala

BHARDWAJ

420 of

Nagar

IPC

Learned counsel for the petitioner contends that there is an allegation of taking an amount of Rs. 8 lakhs from the complainants, namely Mangal Singh and Vijender Singh, by making them believe that the petitioner would secure jobs for them in the High Court. Petitioner is stated to be inside jail since 05.02.2025 and after completion of investigation final report has already been submitted, however, process of recording of the statement of witnesses is yet to start.

Court is also apprized that the dispute is monetary in nature and at the first instance, Rekha (wife of Vijender Singh) had filed one complaint under Section 138 of the Negotiable Instruments Act on 28.02.2024 and the same is still pending.

He further submits that the second complainant Mangal Singh has also filed one complaint under Section 138 of the Negotiable Instruments Act, saying therein that petitioner had taken a friendly loan amount of Rs.4 lakhs from each of the complainant. Instant FIR was got lodged after a period of 05 months of filing of the complaint under Section 138 of the Negotiable Instruments Act by preparing the untrue version. Allegations are yet to be proved during the course of trial and the offences are triable by the Court of Magistrate.

Status report dated 10.07.2025 by way of an affidavit of Virender Sharma, IPS, Deputy Superintendent of Police, Ambala has been filed on behalf of respondent-State. The same is taken on record.

Learned State counsel does not dispute the factul aspect submitted by the petitioner from the record itself. However, submits that receiving of the amount by the petitioner in the name of getting job in the High Court is a serious matter and if the petitioners are released on bail, a wrong message would reach to the society, therefore, bail requires to be dismissed.

I have considered the submissions and examined the relevant record.

PRIMA FACIE it appears that dispute is with regard to receiving of amount from both the complainants by the petitioner and in that regard at the first instance complaints under Section 138 of the Negotiable Instruments Act were filed by the respective complainants.

It has also been observed that in the present FIR, the complainant Vijender Singh is none other than the husband of Rekha, who is complainant in the case filed under Section 138 of the Negotiable Instruments Act.

Investigation is complete and any longer incarceration would not serve any meaningful purpose and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.

Petition stands disposed of.