The High Court
Case Details
CRM-M-50849-2025 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 239 Nikhil CRM-M-50849-2025 Decided on : 16.09.2025 . . . Petitioner(s) Versus State of Haryana . . . Respondent(s)
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Wazir Singh, Advocate for the petitioner(s). Mr. P.K. Jhanda, Sr. DAG, Haryana. **** SANJAY VASHISTH, J. (Oral) 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No. Date Section(s) Nikhil 909 22.12.2020 379-B, 34 of IPC, 1860 and 25,54,59 of Arms Act, 1959 [S. 392, 397 of IPC added later on] Police Station Panipat City District Panipat 2. As per the allegations, bag containing approximately Rs.99,000 was snatched by three boys. Extract of the FIR, containing the allegations, reads as under:- “Copy of the application is as under: To, the incharge of police Post Tehsil Camp Panipat, respected sir, my submission is that I, Mahesh Bajaj s/o Sh. Palla Bajaj r/o 6, Dushyant Nagar, Tehsil Camp and I am running an office of B.C. Agent of HDFC Bank, SBI Bank and of Atal Seva Kendra at Bhawna Chowk, New Ramesh Nagar, Panipat. That my work is of Banking correspondence in my office. That work of my office is money transaction through Banking. That on today morning, JAWALA RAM 2025.09.17 19:51 I attest to the accuracy and authenticity of this document CRM-M-50849-2025 - 2 - at about 08.15 AM, I came to my office while carrying 9.70 thousand rupees and I kept money in a black color bag. That bag also containing my Aadhar card, pan card, ATM card, credit card, check book, power bank, one phone of make MI containing sim cards of BSNL vide no. 9315336789 and other no. 8035408508, some necessary documents of my wife as Aadhar card, pan card, passbook, check book, and ATM card. I put my bag in my office. At about 09.00 AM, 3 boys, among them one was wearing helmet and two of them had covered their face and they were carrying pistol in their hands. They came inside, showed me pistol and snatched the bag containing money and documents and ran away. I followed them for long distance but I did not catch them. Legal action should be taken against them. Applicant Mahesh Bajaj, 9120500000. Police proceedings: Today, on dated 22.12.2020, one telephonic information has been received that near Bhawna Chowk, three boys snatched the bag from Mahesh Bajaj and ran away. On receiving the information, I ASI along with HC Narender Singh No. 36 reached on spot, Mahesh Bajaj met us present on the spot, who presented the above said application. From his application, offenses under section 379-B, 34 IPC and 25-54-59 A.ACT are found to be committed. On this, a ruqa was written for registration of FIR and the same is being sent to Police Station through Constable Narender Singh No. 36. After registration of FIR, the number will be informed. The control room and higher officers may be informed. Special reports may be sent to them. I ASI along with fellow officials is busy in the investigation at the spot at Bhawna Chowk Panipat. Sd/- JAGMAHENDER ASI 214, Police Post Camp Panipat, dated 22.12.2020.” 3. Learned counsel for the petitioner submits that co-accused Deepak has already been granted the concession of regular bail on account of doubts regarding his presence at the spot of the incident, vide order dated 27.02.2023, passed in CRM-M-54389-2022 (Annexure P-2). Furthermore, two other co-accused, namely, Rajbir @ Rajiv (petitioner in CRM-M-59227- 2024) and Amit @ Mitta (petitioner in CRM-M-65-2025), were also granted regular bail by a Co-ordinate Bench of this Court, vide common order dated 28.01.2025 (Annexure P-3). In addition, one more co-accused, Ashok @ Shoki, was granted concession of regular bail by this Court, vide order dated JAWALA RAM 2025.09.17 19:51 I attest to the accuracy and authenticity of this document CRM-M-50849-2025 - 3 - 11.07.2025, passed in CRM-M-25840-2025 (Annexure P-4). In that order, it was noticed that the petitioners therein had been in custody since 30.07.2021, and by that stage, 12 prosecution witnesses had been examined, with 8 still remaining. Present petition, learned counsel submits, stands on the same footing and, therefore, the petitioner also deserves parity. 4. It is further submitted that from the possession of the petitioner, there is recovery of Rs.3500/-, one country made pistol, and 10 live cartridges [as has been discussed in the impugned order dated 13.05.2025, passed by learned Additional Sessions Judge (Fast Track Court), Panipat (Annexure P-1)]. 5. It is being noticed that four of the co-accused, i.e., Deepak, Rajbir @ Rajiv, Amit @ Mitta, and Ashok @ Shoki, have already been granted concession of regular bails by this Court, regarding whom also, allegations were almost similar. It is also informed that petitioner was arrested on 30.07.2021 in the present case, and has remained in custody since then. 6. With respect to the status of trial, learned State counsel informs the Court that, as on day also, eight of the prosecution witnesses are yet to be examined. However, he strongly opposes the prayer for grant of regular bail to the petitioner, contending that petitioner is involved in 28 other criminal cases also, which reflects his repeated engagement in criminal activities. 7. This Court has heard the submissions advanced by learned counsel for the parties and has also considered the objection raised by learned State counsel regarding the petitioner’s involvement in a number of JAWALA RAM 2025.09.17 19:51 I attest to the accuracy and authenticity of this document CRM-M-50849-2025 - 4 - other criminal cases. However, learned State counsel is unable to point out any case in which the petitioner has been convicted, particularly one involving similar allegations. 8. Taking into account that the petitioner has been in custody for a period of more than four years, and considering that the trial has not progressed beyond the stage at which co-accused Deepak, Rajbir @ Rajiv and Amit @ Mitta were granted bail by the Co-ordinate Bench of this Court on 27.02.2023 and 28.01.2025 (Annexures P-2 & P-3, respectively), and further, co-accused Ashok @ Shoki has also been granted concession of regular bail by this Court vide order dated 11.07.2025 (Annexure P-4), this Court is of the opinion that the continued incarceration of the petitioner would be unjustified. Personal liberty cannot be curtailed indefinitely without substantial progress in the trial and proof of charges. Accordingly, this Court deems it appropriate to extend the concession of regular bail to the petitioner in the present case. 9. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 10. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 11. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, JAWALA RAM 2025.09.17 19:51 I attest to the accuracy and authenticity of this document CRM-M-50849-2025 - 5 - trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 12.
Decision
Petition stands disposed of. Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE September 16, 2025 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2025.09.17 19:51 I attest to the accuracy and authenticity of this document