Citation : 2026 Latest Caselaw 478 P&H
Judgement Date : 21 January, 2026
Prayer in the present petition filed under Section 483 of
BNSS, 2023 is for grant of regular bail to the petitioner in case FIR No.04
dated 30.01.2025, registered at Police Station Cyber Crime Kaithal,
District Kaithal, under Sections 238(c), 318(4), 319 and 61 of BNS, 2023,
Sections 66, 66C and 66 D of the Information Technology Act, 200
2000.
2. Learned counsel contends that the petitioner has been in
custody for about 5 months.
mo He alleges false implication. His name
surfaced based on the disclosure statement of co
co-accused, Monu, who had
also named Pardeep Kumar and Sahil Behal, who have since been granted
bail by this Court vide orders dated 19.12.2025 and 20.01.2026, alongwith
Nitin and Sahib
Sahib Khan. The entire amount stands paid by 12 accused
PARVEEN KUMAR
2026.01.21 19:02
I attest to the accuracy and
integrity of this
order/judgment.
collectively to the complainant. Challan has been presented on
29.09.2025, however, charges are yet to be framed and there are, in all, 18
PWs. The petitioner is involved in 4 more cases wherein he is on bail.
Reliance is placed on the judgment passed by Hon'ble The Supreme Court
titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others,
2012(2) SCC 382.
3. The custody certificate dated 20.01.2026, filed by the learned
State counsel is taken on record. As per the same, the petitioner is behind
bars for 4 months and 22 days.
4. Learned State counsel opposes the bail on the ground that
there are specific allegations against the petitioner of having defrauded the
complainant by impersonation to the tune of Rs.70,384/-, but affirmed the
factum of return of the said amount by 12 accused. However, he is unable
to controvert the submissions with regard to stage of the case; the
petitioner being on bail in other cases and the co-accused having been
released on bail.
5. Heard.
6. Hon'ble The Supreme Court in the case of Maulana Mohd.
Amir Rashadi (Supra)had held that, "As observed by the High Court,
merely on the basis of criminal antecedents, the claim of the second
respondent cannot be rejected. In other words, it is the duty of the Court to
find out the role of the accused in the case in which he has been charged
and other circumstances such as possibility of fleeing away from the
jurisdiction of the Court, etc."
co-accused are on bail; challan stands presented on
29.09.2025 but charges have not been framed and there are total of 18
PWs;
The petitioner is ordered to be released on regular bail,
subject to furnishing bail/surety bonds to the satisfaction of trial
Court/Duty Magistrate concerned, if not required in any other case and
shall abide by the following conditions:-
(i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.
(viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
9. It is made abundantly clear that in case there is any breach of
the aforesaid conditions, the State shall be at liberty to seek cancellation
of bail as granted to the petitioner by this order.
10. In view of the above, it is clarified that the observations
made herein above are limited for the purpose of present proceedings and
would not be construed as any opinion on the merits of the case and the
trial would proceed independently of the aforesaid observations.
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