Mr. Himanshu Setia v. B.S.Saroha

ion filed under Section 483 of Prayer in the present petition filed under Section 483 of

BNSS, is for grant of regular bail to the petitioner in case FIR No.166 BNSS, is for grant of regular bail to the petitioner in case FIR No. BNSS, is for grant of regular bail to the petitioner in case FIR No. dated 03.08.2022, registered at Police Station Odhan, District Sirsa, under dated 03.08.2022, registered at Police Station Odhan, District Sirsa, under dated 03.08.2022, registered at Police Station Odhan, District Sirsa, under Sections 147, 147, 149 and 302 IPC.

Learned counsel contends that the petitioner has been in Learned counsel contends that the petitioner has been in custody for 1 year and about 5 months. He alleges false implication. custody for He alleges false implication. No , but for being present at the time of overt act has been attributed to him, but for being present at the time of overt act has been attributed to him occurrence. Co-accused, namely, Sandeep, who had occurrence. accused, namely, Sandeep, who had even inflicted injury to the deceased, has since been granted bail, vide order dated 11.12.2024, to the deceased, has since been granted bail to the deceased, has since been granted bail Annexure P-2, besides Pawan Kumar and Vikram alias Vicky Annexure P and Vikram alias Vicky, Annexures P-3 and P- Charges have been framed on 10.03.2025 -4 respectively. Charges have been framed on 10.03.2025 however none out of 31 PWs has been examined. He is not involved in however none out of 31 PWs has been examined. He is not involved in however none out of 31 PWs has been examined. He is not involved in any other case. any other case. PARVEEN KUMAR 2026.03.11 18:34 I attest to the accuracy and integrity of this order/judgment.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner, who was present at the spot, being a part of the unlawful assembly. However, he is unable to controvert the submissions with regard to stage of the case; the petitioner being not involved in any other case and the co-accused having been released on bail.

Heard. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 1 year, 4 months and 21 days; not involved in any other case; co-accused are on bail; charges stand framed on 10.03.2025; prosecution evidence has to commence; in all there are 31 PWs; the trial is likely to take a 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. PARVEEN KUMAR 2026.03.11 18:34 I attest to the accuracy and integrity of this order/judgment. (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 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. PARVEEN KUMAR 2026.03.11 18:34 I attest to the accuracy and integrity of this order/judgment.