CRM-M No. 63853 of 2025 · Punjab & Haryana High Court

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Ms. Divya Gulati, Advocate for the petitioner (cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:4)(cid:1)(cid:9)(cid:10)(cid:11)(cid:5)(cid:12)(cid:13)(cid:1)(cid:14)(cid:6)(cid:13)(cid:15)(cid:16) ***** (cid:14)(cid:5)(cid:17)(cid:1)(cid:18)(cid:19)(cid:20)(cid:21)(cid:12)(cid:22)(cid:1)(cid:23)(cid:12)(cid:24)(cid:8)(cid:4)(cid:25)(cid:1)(cid:26)(cid:27)(cid:28)(cid:1)(cid:29)(cid:7)(cid:24)(cid:21)(cid:19)(cid:11) ***** 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.0092 dated 05.11.2024, registered under Sections 304(2) and 115(2) of BNS (Sections 238 and 317(2) of BNS added later on) at Police Station Mohkampura, District Amritsar.

Learned counsel contends that the petitioner has been in custody for more than 9 months. He has been named by way of supplementary statement of the complainant. He was a pillion rider of the scooty, of which Ashu @ Bhola was the rider, who has since been granted regular bail by this Court vide order dated

07.07.2025, Annexure P-4, after being in custody for 5 months and had 4 more cases against him. Reliance was placed on a compromise arrived at between the parties, as is evident from the said order. No recovery has been effected from the petitioner. Charges have been framed on 04.04.2025 and complainant amongst 1 more have been examined and has turned hostile, however, 9 more to go. He is involved in 3 more cases, wherein he is on bail. Reliance is placed on the MOHIT 2025.11.18 18:46 I attest to the accuracy and integrity of this document (cid:1) CRM-M-63853-2025 (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) 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 17.11.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 9 months and 7 days.

Learned State counsel opposes the bail on the ground that there are specific allegations levelled against the petitioner of having snatched the mobile, ATM cards, DL and Aadhar card etc. However, he is unable to controvert the submissions with regard to stage, co-accused having been granted bail and the petitioner being on bail in other cases.

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.

Reiterating in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was observed that, “The offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors by themselves cannot be the basis for refusal of prayer for bail.”

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 9 months and 7 days; on bail in other cases; co-accused is on bail; charges were framed on 04.04.2025, however, 9 more prosecution witnesses still remain to be examined, the trial is likely to take a MOHIT 2025.11.18 18:46 I attest to the accuracy and integrity of this document (cid:1) CRM-M-63853-2025 (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) considerable time, further incarceration of the petitioner would be violative of his right 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. MOHIT 2025.11.18 18:46 I attest to the accuracy and integrity of this document (cid:1) CRM-M-63853-2025 (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)

In view of the above, it is clarified that the observations made herein 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

18.11.2025 M.Kamra Whether speaking/reasoned Whether reportable : : Yes / No Yes / No MOHIT 2025.11.18 18:46 I attest to the accuracy and integrity of this document