CRM CRM CRM CRM----M M M M----35502 35502 35502 35502---- 127 127 127 127 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 Sriniwash @ Sriniwash 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 2023 (Section 439 of Cr. P.C.) in case bearing FIR No. punishable under 238 of the BNS, 2023 Gurugram. 2. 3. is in custody since petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that was not carried out by the police. Learned counsel has iterated that ----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----35502 35502 35502 35502----2026 2026 2026 2026 Sriniwash @ Sriniwash Kumar Versus Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: September September September September 02 02 02 02, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: September 02 September 02 September 02 September 02, 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. Manish Soni, Advocate for the petitioner. Ms. Mahima Yashpal Singla, Senior DAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section (Section 439 of Cr. P.C.) seeking grant of regular bail to the petitioner in case bearing FIR No.352 dated 27.05.2025 punishable under Sections 3(5), 309(6) of the BNS, 2023 (Sections 238 of the BNS, 2023 added later on), The FIR in question pertains to snatching Learned counsel for the petitioner is in custody since 30.05.2025. 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 Par carried out by the police. Learned counsel has iterated that 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. Ms. Mahima Yashpal Singla, Senior DAG Haryana. been filed under Section 483 of the BNSS, grant of regular bail to the petitioner, 27.05.2025, registered for the offences of the BNS, 2023 (Sections 111(2), , at Police Station Sector-10A, The FIR in question pertains to snatching and assaulting. Learned counsel for the petitioner has iterated that the petitioner . Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned requisite TIP (Test Identification Parade) carried out by the police. Learned counsel has iterated that FIR- 1111 Petitioner ….Respondent 483 of the BNSS, , registered for the offences , 10A, has iterated that the petitioner . Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned ade) - MAHAVIR SINGH 2026.09.02 18:28 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----35502 35502 35502 35502----2026 2026 2026 2026 complainant stands examined as prosecution witness. 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 25.08.2026, in 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. 6. The petitioner was arrested on 30.05.2025, whereinafter, investigation was carried out and the challan qua the petitioner has been presented on 25.07.2025. Total 14 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. 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 25.08.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 01 year, 02 months and 26 days. 6.2. Further, as per the said custody certificate, the petitioner is stated to be involved in other FIR(s). However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the MAHAVIR SINGH 2026.09.02 18:28 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----35502 35502 35502 35502----2026 2026 2026 2026 petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586 and another, 2012 (1) RCR (Criminal) 586 and another, 2012 (1) RCR (Criminal) 586 and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 RCR (Criminal) 477 RCR (Criminal) 477 RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. 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: (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. MAHAVIR SINGH 2026.09.02 18:28 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----35502 35502 35502 35502----2026 2026 2026 2026 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 September 02 September 02 September 02 September 02, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.09.02 18:28 I attest to the accuracy and authenticity of this order/ judgment