This petition for bail is the first petition, filed by & Anr. v. Central Bureau of Investigation’ (2022) 10 SCC 51, are also relevant & Anr.

This petition for bail is the first petition, filed by the petitioner under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. This petition has been filed with regard to a case arising out of FIR No.41 dated

16.02.2026 for the commission of offence punishable under Sections 309(4), 126(2), 238 of Bharatiya Nyaya Sanhita & Section 25 of Arms Act, 1959, Police Station City Tarn Taran, District Tarn Taran.

#2. Briefly stating the facts emerging from record are that the FIR of this case came into being at the instance of ‘Karamjit Singh’, hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant that on 14.02.2026, at about 12:30 PM, when he was going towards Amritsar on his motorcycle, he was intercepted by three young boys CRM-M-38117-2026 2 riding on one motorcycle, who were armed with sickle. According to complainant they threatened him, snatched Rs.32,000/- and mobile phone and fled from the spot.

#3. It is the case of the prosecution that pursuant to above-mentioned statement, formal FIR of this case was lodged and the investigation taken up.

#5. Notice of motion. Since advance notice has already been served upon the State, Mr. J.S. Thind, DAG, Punjab, accepts notice on behalf of respondent-State. Hence, the service of notice upon the State is hereby dispensed with. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. No formal reply has been filed by the State. However the learned State counsel has orally opposed the present petition.

#8. Heard. The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a decision: - i) that the petitioner is already in custody for a period of more than four months and twenty nine days; ii) that the petitioner has clean antecedents; iii) that no evidence to connect the petitioner with a commission of offence has been placed on record; iv) that as per learned State counsel the motorcycle and sickle have been recovered from the possession of petitioner, but there is nothing on record to show that the motorcycle and the sickle were the same vehicle/instrument, which were used at the time of commission of offence; CRM-M-38117-2026 3 v) that test identification parade has not been conducted ; vi) that the stolen mobile phone and cash of the complainant were not recovered from the possession of the petitioner; vii) that investigation in this case is already complete, and therefore, nothing has been left to be recovered from the possession of petitioner; viii) that trial is taking place at a slow pace as out of eight prosecution witnesses only two have been examined so far; ix) that detention of petitioner in judicial lock-up is not likely to serve any useful purpose; x) that there is nothing on record to show that if released on bail, the petitioner may tamper with the evidence or influence the witnesses; xi) that there is nothing on record to show that if released on bail, the petitioner will not co-operate/participate in the trial.

#9. In the present case, the principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Dataram versus State of Uttar Pradesh and another’, (2018) 3 SCC 22, are relevant, wherein it has been observed that “a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being CRM-M-38117-2026 4 incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case”.

#10. The principles laid down by the Hon’ble the Supreme Court of India in the case of ‘Satender Kumar Antil Vs. Central Bureau of Investigation and Another’ (2022) 10 SCC 51, are also relevant in this case. In the abovementioned case, it has been observed that “the rate of conviction in criminal cases in India is abysmally low. It appears to us that this factor weighs on the mind of the Court while deciding the bail applications in a negative sense. Courts tend to think that the possibility of a conviction being nearer to rarity, bail applications will have to be decided strictly, contrary to legal principles. We cannot mix up consideration of a bail application, which is not punitive in nature with that of a possible adjudication by way of trial. On the contrary, an ultimate acquittal with continued custody would be a case of grave injustice”.

#11. Recently, in the case of ‘Tapas Kumar Palit Vs. State of Chhattisgarh’, 2025 SCC Online SC 322, the Hon’ble Supreme Court of India has observed that “if an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution CRM-M-38117-2026 5 has been infringed”. It has also been observed by the Hon’ble Supreme Court of India in the abovementioned case that “delays are bad for the accused and extremely bad for the victims, for Indian society and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently”.

#12. To elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as mandated by Hon’ble Apex court in “Balwinder Singh versus State of Punjab and Another”, 2024 SCC Online SC 4354.

#13. If the cumulative effect of all the abovementioned factors, involved in the instant case, is taken into consideration, it leads to a conclusion that the petitioner is entitled to the benefit of bail, and that the present petition deserves to be allowed.

#14. Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed. The petitioner is hereby ordered to be released on bail on furnishing personal bond and surety bond(s) to the satisfaction of learned trial Court. However the abovesaid concession shall be subject to following conditions:- (i) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) that the petitioner shall at the time of execution of bond, furnish CRM-M-38117-2026 6 the address to the Court concerned and shall notify the change in address to the trial Court, till the final decision of the trial; and (iii) that the petitioner shall not leave India without prior permission of the trial Court. (SURYA PARTAP SINGH) JUDGE

20.07.2026 Whether speaking/reasoned Yes/No Yes/No Whether reportable