CRM-M No. 61556 of 2025 · Punjab & Haryana High Court

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. P.S. Sekhon, Sr. Advocate with Mr. Rajdeep Singh Gill, Advocate for the petitioner ***** (cid:2)(cid:3)(cid:4)(cid:1)(cid:2)(cid:5)(cid:6)(cid:7)(cid:8)(cid:5)(cid:9)(cid:1)(cid:10)(cid:7)(cid:6)(cid:11)(cid:12)(cid:1)(cid:13)(cid:14)(cid:15)(cid:5)(cid:9)(cid:16)(cid:1)(cid:17)(cid:13)(cid:18)(cid:1)(cid:19)(cid:20)(cid:6)(cid:21)(cid:5)(cid:22) AMAN CHAUDHARY, J. (ORAL) *****

Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.159 dated 27.09.2024, registered under Sections 103, 191(3) and 3(5) of BNS at Police Station Lehra, District Sangrur.

Learned Senior counsel contends that the petitioner has been in custody for 1 year and more than 1 month. He was not named in the FIR, his name surfaced on the disclosure statement of co-accused Gurjant Singh, with the allegations of having given a blow with the baseball bat, however, as per the PMR, there is no injury corresponding to the same, all being incise wounds, some deep and others superficial. He alleges false implication in the case, being the nephew of the main accused, who is in custody and the allegations against whom are of having given injury with the axe over the head of the deceased. Charges MOHIT 2025.11.10 18:01 I attest to the accuracy and integrity of this document (cid:1) CRM-M-61556-2025 (O&M) 2 (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) have been framed on 31.01.2025, however, out of 17 prosecution witnesses, 3 including eye witness have been examined. The petitioner is involved in 1 more case under Section 379 IPC, 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.

The custody certificate dated 09.11.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 1 year, 1 month and 6 days.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having caused injuries on the deceased in connivance with other co-accused and a motor-cycle stands recovered from him. However, he is unable to controvert the submissions with regard to stage and the petitioner being on bail in other case.

Heard. 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.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 1 year, 1 month and 6 days; on bail in other case; charges were framed on 31.01.2025, however, 14 more prosecution witness still remain to be examined, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right MOHIT 2025.11.10 18:01 I attest to the accuracy and integrity of this document (cid:1) CRM-M-61556-2025 (O&M) 3 (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) enshrined under Article 21 of the Constitution of India, the present petition is allowed.

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.

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.

In view of the above, it is clarified that the observations made herein MOHIT 2025.11.10 18:01 I attest to the accuracy and integrity of this document (cid:1) CRM-M-61556-2025 (O&M) 4 (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) 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. (AMAN CHAUDHARY) JUDGE

10.11.2025 M.Kamra Whether speaking/reasoned Whether reportable : : Yes / No Yes / No MOHIT 2025.11.10 18:01 I attest to the accuracy and integrity of this document