CRM CRM CRM CRM----M M M M----22516 22516 22516 22516---- 226 226 226 226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rajesh State of Haryana Date of Date of Date of Date of Decision Decision Decision 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 seeking grant of regular bail to the petitioner 16.02.2024, registered for the off IPC, 1860 (Sections District Sirsa. 2. with his co-accused, committed robbery of 23 bottles of English liquor, 36 bottles of country CCTV camera, a bag containing clothes, and a VIVO bearing SIM No.9153087769 from the co during the commission of the said robbery, one of the accused inflicted an injury on the head of the ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM CRM CRM CRM----M M M M----22516 22516 22516 22516----2026 2026 2026 2026 Versus Haryana Decision Decision Decision Decision: : : : April 29 April 29 April 29 April 29, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: April 29 April 29 April 29 April 29, 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. Gaurav Luhani, Advocate and Ms. Muskan, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section grant of regular bail to the petitioner, registered for the offences punishable under Section IPC, 1860 (Sections 309 and 311 of BNS, 2023 District Sirsa. The gravamen of the FIR in question accused, committed robbery of 23 bottles of English liquor, 36 bottles of country-made liquor, ₹1,000/- from the cash box, CCTV camera, a bag containing clothes, and a VIVO bearing SIM No.9153087769 from the complainant. It is further alleged that, during the commission of the said robbery, one of the accused inflicted an injury on the head of the complainant. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT 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 and for the petitioner. Mr. Gurmeet Singh, AAG Haryana. filed under Section 483 of the BNSS in case bearing FIR No.12 dated ences punishable under Sections 392 & 397 of 309 and 311 of BNS, 2023), at Police Station Baragudha, in question is that the petitioner, along accused, committed robbery of 23 bottles of English liquor, 36 from the cash box, the DVR of a CCTV camera, a bag containing clothes, and a VIVO-422 mobile phone mplainant. It is further alleged that, during the commission of the said robbery, one of the accused inflicted an 1111 ….Petitioner …Respondent 483 of the BNSS dated & 397 of ), at Police Station Baragudha, is that the petitioner, along accused, committed robbery of 23 bottles of English liquor, 36 the DVR of a 422 mobile phone mplainant. It is further alleged that, during the commission of the said robbery, one of the accused inflicted an MAHAVIR SINGH 2026.04.29 17:44 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----22516 22516 22516 22516----2026 2026 2026 2026 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 24.04.2024. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has argued that there is no substantial evidence available with the prosecution to connect the petitioner with the crime in question. Learned counsel has further argued that requisite TIP (Test Identification Parade) was not carried out by the prosecution, which causes dent in the prosecution version. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that 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 also seeks to place on record the custody certificate dated 28.04.2026, in the Court today, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 24.04.2024, whereinafter, the investigation was carried out and the challan qua petitioner has been presented on 04.07.2024. Total 11 cited prosecution witnesses have been cited, but none has been examined till date. It is, thus, indubitable that culmination of trial will take its own time. The rival contentions raised at Bar give rise to debatable issues, which shall essentially 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. MAHAVIR SINGH 2026.04.29 17:44 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----22516 22516 22516 22516----2026 2026 2026 2026 6.1. As per custody certificate dated 28.04.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 02 years and 03 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 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. and another, Maulana Mohd. Amir Rashadi v. State of U.P. and another, Maulana Mohd. Amir Rashadi v. State of U.P. and another, Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586 2012 (1) RCR (Criminal) 586 2012 (1) RCR (Criminal) 586 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) RCR (Criminal) Sridhar Das v. State, 1998 (2) RCR (Criminal) Sridhar Das v. State, 1998 (2) RCR (Criminal) Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 477 477 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Akhilesh Akhilesh Akhilesh Singh v. State of Haryana Singh v. State of Haryana Singh v. State of Haryana Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. Balraj v. Balraj v. Balraj v. State of State of State of State of Haryana, 1998 (3) RCR (Criminal) 191. Haryana, 1998 (3) RCR (Criminal) 191. Haryana, 1998 (3) RCR (Criminal) 191. Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances 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. MAHAVIR SINGH 2026.04.29 17:44 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----22516 22516 22516 22516----2026 2026 2026 2026 (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 cellphone 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 29 April 29 April 29 April 29, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.04.29 17:44 I attest to the accuracy and authenticity of this order/ judgment