The additional sessions court put aside the September 30 order of the chief judicial magistrate (CJM) and granted default bail to accused Vijay Kumar alias Vijay Garg in the ₹72 crore embezzlement case involving the Haryana Shahari Vikas Pradhikaran (HSVP).
Kumar, 54, a resident of Sector 20, had filed a revision petition challenging the CJM’s order, which his counsel argued was passed without proper application of mind, causing a miscarriage of justice.
Kumar, who was arrested by the special crime branch on June 30, sought default bail on the ground that the investigating agency failed to file the challan within the statutory 90-day period. His counsel maintained that he neither opened nor operated the disputed HSVP account, nor was he a beneficiary or nominee, and that all credited transactions were legitimate, and he was unaware of any illegal funds. The court noted that the petitioner had filed his default bail application through email on September 29, with the hard copy submitted to the CJM court at 9:15 am on September 30 and officially presented at 9:55 am.
Ahlmad records confirmed the application was received and registered before the challan was filed later that morning. The court emphasised that the accused’s right to default bail crystallises once the application is filed after the statutory period, and subsequent filing of the chargesheet cannot defeat this indefeasible right. Prosecution had contended that Kumar’s bail could hinder further investigation and arrests of co-accused, as 15 persons were arrested and challans filed against 12, adding that Kumar allegedly embezzled funds along with others.
{{/usCountry}}Ahlmad records confirmed the application was received and registered before the challan was filed later that morning. The court emphasised that the accused’s right to default bail crystallises once the application is filed after the statutory period, and subsequent filing of the chargesheet cannot defeat this indefeasible right. Prosecution had contended that Kumar’s bail could hinder further investigation and arrests of co-accused, as 15 persons were arrested and challans filed against 12, adding that Kumar allegedly embezzled funds along with others.
{{/usCountry}}The case stemmed from a complaint filed by HSVP on March 1, 2023, alleging unauthorised payments from a fake HSVP bank account opened at Punjab National Bank, Manimajra, between 2015-2019.
Investigations revealed embezzlement of approximately ₹68.85 crore, with funds transferred to over 85 accounts, operated through the email and mobile of Sunil Bansal, the then accounts officer. Consequently, bank records were seized, and Bansal and his wife’s accounts were frozen, while co-accused Kumar, Manoj Pal, and Sunil Kumar were arrested on June 30, 2025.