Judgment · High Court
Case at a glance
Outcome
Allowed
the Constitution of India, the present petition is allowed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 109(2), 110, 115(2), 118(1), 190, 191(3), 351(2)
- Constitution of India art. 21
Key paragraphs
- Para 99. 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…
Judgment
Learned Senior Counsel for the complainant affirms the factum of compromise and has no objection for grant of bail to the petitioner.
Heard. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 7 months and 11 days; on interim bail for 49 days, which he never misused; not involved in any other case; the co-accused is on bail; charges stand framed on
Operative part
22.12.2025; prosecution evidence has to commence; in all there are 21 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. PARVEEN KUMAR 2026.03.11 18:34 I attest to the accuracy and integrity of this order/judgment.
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. PARVEEN KUMAR 2026.03.11 18:34 I attest to the accuracy and integrity of this order/judgment.
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.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the Constitution of India, the present petition is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; Bharatiya Nyaya Sanhita, 2023 — ss. 3(5), 109(2), 110, 115(2), 118(1), 190, 191(3), 351(2); Constitution of India — art. 21.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.