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(2026) Law Today Live Doc. Id. 21182
[Arising out of SLP (Crl.) No.10268 of 2026]
Decided on: 05.06.2026
For Petitioner(s):
Mr. Abdulla Naseeh V. T., AOR, Mr. Musthafa Atheeq, Adv., Ms. Rachel Sara James, Adv.
For Respondent(s):
Ms. Baani Khanna, AOR, Mr. Robin Singh, Adv., Ms. Komal Thakkar, Adv.
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Regular Bail -- Cheating -- Prolonged detention pending trial -- Bail granted subject to verification of criminal antecedents.
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Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 61(2), 316(2) and 318(4) -- Regular bail -- Allegations of cheating and criminal conspiracy -- Charges framed and trial commenced -- Prosecution proposing to examine 14 witnesses -- Evidence of only 2 witnesses recorded till date -- Trial likely to take considerable time to conclude -- Further detention of accused pending trial held unnecessary having regard to overall facts and nature of allegations -- Bail granted -- Release, however, made subject to verification of criminal antecedents by trial Court -- Order of bail to cease automatically if criminal antecedents are found.
(Paras 5-14)
ORDER
1. Leave granted.
2. The High Court of Punjab and Haryana at Chandigarh, by the impugned judgment and order dated 30th March, 2026, has rejected the appellant’s prayer for grant of regular bail.
3. Appellant, figuring as an accused in FIR No.0005 of 2025 dated 10th April, 2025 registered at Cyber Crime Police Station, District Fatehgarh Sahib, Punjab under Sections 318(4), 316(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, was arrested on 21st July, 2025.
4. We have heard learned counsel for the parties.
5. Charges having been framed, trial has commenced. Prosecution proposes to record the evidence of 14 witnesses to drive home the charges against the appellant, out of whom evidence of only 2 witnesses appear to have been recorded till date.
6. Learned counsel appearing for the respondent submits that the appellant is arraigned as an accused in an FIR registered in the State of Kerala. Learned counsel appearing for the appellant submits that he has no such information.
7. Having regard to the present status of the trial, it appears that it will take some time to conclude.
8. Taking an overall view of the matter as well as keeping in mind the nature of allegations, we are of the considered opinion that further detention of the appellant pending trial is not necessary; and, since the appeal deserves acceptance, the appellant may be admitted to an order for grant of bail subject to the specific conditions imposed hereunder.
9. Accordingly, we set aside the impugned judgment and order.
10. Appellant shall be released on bail, subject to furnishing of bail bonds to the satisfaction of the trial court and subject to such other terms and conditions as may be imposed by it.
11. The trial court is also directed to verify the criminal antecedents of the appellant and only upon a satisfaction being reached of he having no such antecedent should he be released on bail in terms of this order. If the appellant has criminal antecedent, this order shall automatically cease to be operative and he shall be free to apply for bail afresh.
12. Needless to observe, if released on bail, the appellant shall not, directly or indirectly, by making inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to the court.
13. In the event there is any breach of the terms and conditions for grant of bail, the trial court shall be at liberty to cancel the bail of the appellant.
14. It is also ordered that the appellant shall diligently attend proceedings of the trial, unless exempted. If he abstains from attending the proceedings without justifiable cause, that could also be seen as breach of the conditions for grant of bail and the trial court will be free to pass appropriate orders.
15. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.
16. The appeal is, accordingly, allowed on the aforesaid terms.
17. Pending application(s), if any, shall stand disposed of.
Appeal allowed.
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