CRM CRM CRM CRM----M M M M----19200 19200 19200 19200---- 214 214 214 214 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Prem @ Rahul Sharma @ Prem Kumar State of Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL BNSS, 2023 petitioner, in case bearing FIR No. offences punishable under 2023, at Police Station Sector 2. namely, Ranjeet, stated that on 26.05.2025 at about 11:30 PM, he arrived at Karomras Technology Company, Plot No.951, Bolero pickup vehicle bearing registration No.DL material. At around 04:30 AM, he left the company for Industrial Area, Peeragarhi, Delhi. ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----19200 19200 19200 19200----2026 2026 2026 2026 Prem @ Rahul Sharma @ Prem Kumar Versus Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: April April April April 17 17 17 17, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Aditya Jain, Advocate for the petitioner. Mr. Deepak Kumar Grewal, DAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present second petition has been BNSS, 2023 (Section 439 of Cr. P.C.) seeking in case bearing FIR No.352 dated offences punishable under Sections 3(5), 309(6), 111(2) at Police Station Sector-10A, Gurugram. The gravamen of the FIR in question Ranjeet, stated that on 26.05.2025 at about 11:30 PM, he arrived at Karomras Technology Company, Plot No.951, Bolero pickup vehicle bearing registration No.DL material. At around 04:30 AM, he left the company for Industrial Area, Peeragarhi, Delhi. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Mr. Deepak Kumar Grewal, DAG Haryana. petition has been filed under Section 483 of the seeking grant of regular bail to the dated 27.05.2025, registered for the 3(5), 309(6), 111(2), 238 of the BNS, 10A, Gurugram. FIR in question is that the complainant, Ranjeet, stated that on 26.05.2025 at about 11:30 PM, he arrived at Karomras Technology Company, Plot No.951, Sector-37, Gurugram, in his Bolero pickup vehicle bearing registration No.DL-1LAN-2675 to collect material. At around 04:30 AM, he left the company for Industrial Area, 1111 Petitioner ….Respondent 483 of the grant of regular bail to the registered for the , 238 of the BNS, complainant, Ranjeet, stated that on 26.05.2025 at about 11:30 PM, he arrived at 37, Gurugram, in his 2675 to collect material. At around 04:30 AM, he left the company for Industrial Area, MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----19200 19200 19200 19200----2026 2026 2026 2026 When he reached near Shani Temple at the Sector-37 T-Point, two persons suddenly came in front of his vehicle, forcing him to apply brakes. One of them caught him by the neck, and all three forcibly dragged him out of the vehicle and overpowered him. Shortly thereafter, another person joined them. The assailants snatched the keys of his vehicle, his purse, and his mobile phone. They also assaulted him with kicks and fists and strangled him, causing him to lose consciousness. Upon regaining consciousness, he found that the assailants had fled with his vehicle, mobile phone, and purse. 3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 28.05.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that requisite TIP (Test Identification Parade) was not carried out by the police. Learned counsel has iterated that FIR- complainant stands examined as prosecution witness, but has not clearly identified the petitioner. Learned counsel has further submitted that the petitioner is a youngman aged 21 years with clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated 15.04.2026, in the Court today, which is taken on record. 5. I have heard counsel for the rival parties and have gone through the available records of the case. MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----19200 19200 19200 19200----2026 2026 2026 2026 6. The petitioner was arrested on 28.05.2025, whereinafter, investigation was carried out and the challan qua the petitioner has been presented on 25.07.2025. Total 15 prosecution witnesses have been cited, out of which, 03 have been examined till date. It is thus, indubitable, that conclusion of the trial will take long. It is, indubitable, that conclusion of the trial will take its own time. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. As per the custody certificate dated 15.04.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 10 months and 18 days, & is not shown to be involved in any other FIR(s). 6.2. Indubitably, the present petition is the second attempt by the petitioner to secure regular bail. The first bail plea was dismissed as withdrawn and the following order was passed therein, on 20.01.2026: ““““1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.352 dated 27.5.2025 under Sections 3(5) and 309(6) of Bharatiya Nyaya Sanhita, 2023 (Sections 111(2) and 238 of BNS added later on), registered at Police Station Sector 10, Gurugram. 2. Faced with the situation that the FIR-complainant/victim is yet to be examined as a prosecution witness, learned counsel for the petitioner seeks to withdraw the petition in hand at this stage. 3. Ordered accordingly.”””” However, keeping in view the entirety of the factual matrix of the case in hand; especially, factum of the petitioner having suffered extended incarceration, FIR-complainant having been recorded as MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----19200 19200 19200 19200----2026 2026 2026 2026 prosecution witness & pace of trial; this Court is inclined to affirmatively consider the instant plea for bail. A profitable reference, in this regard, can be made to a judgment of this Court passed in CRA CRA CRA CRA----SSSS----2332 2332 2332 2332----2023 2023 2023 2023 titled as Rafiq Khan versus State of Haryana and another Rafiq Khan versus State of Haryana and another Rafiq Khan versus State of Haryana and another Rafiq Khan versus State of Haryana and another; relevant whereof reads as under: ““““10. As an epilogue to the above discussion, the following principles emerge: I Second/successive regular bail petition(s) filed is maintainable in law & hence such petition ought not to be rejected solely on the ground of maintainability thereof. II. Such second/successive regular bail petition(s) is maintainable whether earlier petition was dismissed as withdrawn/dismissed as not pressed/dismissed for non-prosecution or earlier petition was dismissed on merits. III For the second/successive regular bail petition(s) to succeed, the petitioner/applicant shall be essentially/pertinently required to show substantial change in circumstances and showing of a mere superficial or ostensible change would not suffice. The metaphoric expression of seeking second/successive bail plea(s) ought not be abstracted into literal iterations of petition(s) without substantial, effective and consequential change in circumstances. IV No exhaustive guidelines can possibly be laid down as to what would constitute substantial change in circumstances as every case has its own unique facts/circumstance. Making such an attempt is nothing but an utopian endeavour. Ergo, this issue is best left to the judicial wisdom and discretion of the Court dealing with such second/successive regular bail petition(s). V In case a Court chooses to grant second/successive regular bail petition(s), cogent and lucid reasons are pertinently required to be recorded for granting such plea despite such a plea being second/successive petition(s). In other words, the cause for a Court having successfully countenanced/entertained such second/successive petition(s) ought to be readily and clearly decipherable from the said order passed.”””” Suffice to say, further detention of the petitioner as an undertrial is not warranted in the factual milieu of the case. 7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions: MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 5555 CRM CRM CRM CRM----M M M M----19200 19200 19200 19200----2026 2026 2026 2026 (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment