Citation : 2026 Latest Caselaw 1196 P&H
Judgement Date : 9 February, 2026
CRM-M--66363-2025 -11-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
241 CRM-M-66363-2025
Date of Decision: 09.02.202
.2026
Jitender Alias Challa
...Petitioner.
v.
State of Haryana
...Respondent.
CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY
SAWHNEY.
Present: Mr. Jitender Sharma, Advocate for the petitioner.
Mr. Vishal Singh, Assistant Advocate General, Haryana.
****
AARADHNA SAWHNEY, J. (Oral)
1. By virtue of the present petition under Section 483 BNSS,
petitioner, an accused in case bearing FIR No.9 dated 07.01.2025 registered
against him, for commission of offences punishable under Sections 419, 420,
467, 468, 471, 120-B 120 IPC, at Police Station Civil Lines, Hisar, has prayed
for grant rant of bail.
2. Relevant facts as emerging from documents on record be
noticed hereinbelow:-
hereinbelow:
Pursuant to the orders received from the Court of learned
Additional Sessions Judge, Hisar, criminal proceedings vide above FIR were
initiated.
In brief, thee contents of the order are as follows:
follows:-
That one Ravi (co-accused) accused) had furnished bail/surety bonds.
Arjun son of Pali had appeared as surety for Ravi and had also
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furnished his Aadhar Card along with jamabandi etc. The
aforesaid Ravi did not appear in th thee Court. Resultantly, his bail
was cancelled. Notice to surety was issued. In pursuance to the
said notice, some another person appeared in the Court,
introduced himself as Arjun son of Pali and moved an
application pointing therein that infact Rajesh Kuma Kumarr son of
Lakhi, resident of Uklana, had appeared as surety for Ravi and
had produced forged Aadhar Card. The aforesaid Rajesh had
impersonated him (Arjun) and had also furnished jamabandi of
his land.
On the basis of these forged documents Ravi, who was in i
custody in case bearing FIR No.113 of 2023 under Sections
147, 323, 332, 353, 307 IPC was released on bail. On the
receipt of this application, the Court directed to lodge the FIR.
Accordingly, FIR No.0009 dated 07.01.2025 was registered
against Ravi and a others under Sections 419, 420, 467, 468, 471, 120 120-B B IPC.
During the course of investigation, all the documents, as in, bail application,
power of attorney, surety bonds, copy of Jamabandi etc. were taken into
possession.
ossession. Arjun, son of Pali Ram, who had moved the application before
the Court and his identifier Naresh Kumar son of Parbhati Ram were also
joined the investigation. During the investigation, it came to the notice of the
investigating agency that in order to get Ravi released on bail, Vinod Vinod, son on of
Prithvi in conspiracy with the others namely Jitender @ Challa (present
petitioner), Rajesh @ Raja, Naresh Kumar had prepared the forged Aadhar petitioner),
Card of Arjun son of Pali Ram, resident of Uklana, by affixing photo of co-
co
accused Rajesh son of Lakhi Ram, Ram, meaning thereby that Rajesh son of Lakhi
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Ram had appeared as Arjun son of Pali Ram and had stood surety for Ravi.
The aforesaid co-accused co accused Rajesh was identified by co co-accused accused Naresh
Kumar. It also came to the notice of the IO that ID card issued by the
Development evelopment and Panchayats Department, in favour of Arjun son of Pali
Ram, had also been forged by Vinod etc. to create fake documents.
On 14.01.2025, co-accused accused Vinod, Rajesh @ Raja, petitioner-
petitioner
Jitender @ Challa Cha la and Naresh were arrested. On 16.01.2025, cco-accused accused
Ravi was also arrested.
During the course of interrogation, petitioner confessed to his
involvement in the commission of offences and elaborated upon the manner
in which this fraud played on the Court, was committed committed.. Roles played by
each of the accused were also elaborated upon.
Aggrieved of the order dated 3.11.2025 .2025 passed by learned
Additional Sessions Judge, Hisar vide which bail application of petitioner
was dismissed, the present petition has been filed.
3. Learned counsel contends that petitioner has been falsely
implicated. No direct or corroborative incriminating material was collected
by the IO, during the course of investigation, to connect petitioner with the
offence. He has been arrayed as accused only on the basis of hearsay and
unverified allegations of the other co-accused, co accused, whose disclosure statements
were recorded at one point in time. No mobile phone, computer printer etc.
were taken into possession by the IO, which could even remotely suggest
involvement of the petitioner in preparing forged documents documents.
Learned counsel further contends that co co-accused accused Ravi and
Naresh have since been extended the concession of bail by the Coordinate
Bench of this Court, vide orders dated 29.07.2025 and 03.07.2025 passed in
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CRM-M-39369 39369-2025 and CRM-M-31067 31067-2025, 2025, respectively, thus, similar
treatment be meted out to petitioner, who has been in custody since
14.01.2025, moreso when challan has been filed and completion of trial
(offences being magisterial triable) is likely to take some time. F Further urther
incarceration of petitioner, as per learned counsel, would not serve any
useful purpose.
4. Status report by way of affidavit of Kamaljeet Singh, HPS,
Deputy Superintendent of Police, HQ, Hisar has been filed. In para 7
thereof, the role played by the petitioner has been highlighted, as being the
person who prepared forged Aadhar Card of Arjun, thus, facilitating the
commission of offence. For the said purpose, he used his mobile phone
handset which he got recovered.
5. Both the counsel have been heard and documents on record
have been perused.
6. Before expressing any opinion on the merits of submission
advanced by both the learned counsel, it would not be out of place to
mention here that Hon'ble Supreme Court while taking cognizance of the th
menace of impersonation of sureties in Petition(s) for Special Leave to
Appeal (Crl.) No(s).4116/2021 titled as Rajesh Kumar Rathore vs. The
State of Chhatisgarh issued notice to UIDAI to explore the feasibility of
evolving mechanism to verify genuinenes genuineness of the surety.
Imposing condition of furnishing surety bonds along with
personal bonds, while allowing the bail application of any accused is
primarily to ensure the presence of the accused during the trial. Furnishing
fake surety bonds not only tempers tempers with the process of justice but also
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erodes public confidence in criminal justice dispensation system and is in
fact a fraud on the Court.
In so far as the case in hand is concerned, from the documents
and connecting circumstances brought on record, it is quite apparent that the
entire incident was committed with a pre-
pre-mediated mediated mind, it didn't happen at
the spur of the moment. It can further be inferred that petitioner was
approached by a friend of co-accused co accused Ravi, who was already in custody in
case bearing FIR No.113 of 2023 under Sections 147, 323, 332, 353, 307
IPC. This friend of co-accused co Ravi requested Vinod to arrange for surety.
That is when the other co-accused co accused came into picture. Co Co-accused accused Rajesh in
conspiracy racy with petitioner and other co-accused, accused, forged Aadhar Card of his
cousin brother Arjun, by affixing his own photograph on the said Aadhar
Card. Even the ID Card issued by Panchayats Development Department in
favour of Arjun was forged. To prove solvency solvency,, revenue record of Arjun was
also appended along with the surety bonds. The mobile phone through which
the original documents were sent on 'Whatsapp' by the accused to each
other, to prepare forged documents was also taken into possession.
Contention of learned counsel for the petitioner that co co-accused accused
Naresh Kumar and Ravi, who have been granted the concession of bail by
the Coordinate Bench of this Court, are similarly situated as the present
petitioner, thus similar treatment be meted out to him, has not found favour
with the Court, for the reason that documents and other connecting
circumstances brought on record, clearly suggest that petitioner played a
constructive role in facilitating the offence by preparing the forged Aadhar
Card of Arjun through through his mobile phone. Simply because petitioner has been
in custody since 14.01.2025, cannot be a ground, at this stage, to grant him
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the concession of bail, for if released on bail, there is every likelihood of him
fleeing from the process of justice by not appearing in the Court and
committing the same offence yet again.
7. In view of the discussion made hereinabove, the present
petition is hereby dismissed. Learned trial Court is directed to make sincere
efforts to expeditiously dispose of the case.
(AARADHNA AARADHNA SAWHNEY) SAWHNEY 09.02.2026 JUDGE gbs
Whether Speaking/reasoned : Yes/No Whether Reportable : Yes/No
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