CRM-M-69158- IN THE H (234) RUPESH @ NAM STATE OF HAR CORAM: HON Present: Mr. Mr. MANISHA BATR 1. The under Section 48 “BNSS”) for gran 10.05.2024 regist Sections 25, 25(1 Farukhnagar, Distr 2. As pe the aforementione members of Law Lipan Nehra and P money from busin were operating fro of them were into It was also inform -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH NAMAN Versus
HARYANA HON'BLE MRS. JUSTICE MANIS Mr. Bhaag Singh Suhag, Advocate fo Mr. Neeraj Poswal, AAG, Haryana ****
BATRA, J. (ORAL)
The instant one is the second petitio on 483 of Bharatiya Nagarik Surak r grant of regular bail in case arisi registered under Sections 386, 384, 25(1-B)a, 25(6), 25(1)a and 29(B) o r, District Gurugram. As per the allegations, on 10.05.2024 entioned police station, received a s f Lawrence Bishnoi gang, namely R and Pawan Nehra, were active in the businessmen and rich people. The ing from foreign countries, some of the re into contact with each other throug informed that they had even got murd JAB AND HARYANA AT ARH
CRM-M-69158-2025 (O&M) Date of decision : 17.02.2026 ... Petitioner
...Respondent
ANISHA BATRA
cate for the petitioner petition preferred by the petitioner Suraksha Sanhita, 2023 (for short e arising out of FIR No.114 dated 384, 506, 120B of the IPC and 9(B) of Arms Act at Police Station .2024, ASI Sanjay Kumar, posted at ed a secret information that some ely Rohit Godara, Naveen Boxer, the city of Gurugram for extorting he main members of the group e of them were lodged in jails and all through different social media apps. t murdered one businessman Sachin M) 2026 ioner short ated and ation ed at some oxer, rting roup d all apps. chin AMIT SHARMA 2026.02.18 10:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-69158- Goda in Rohtak. raised demand of r Store, Gurugram. members of the contraband, ransom basis of this inform proceedings were arrested on 10.05 countrymade pisto identification, co arrested on 12.05. recovered. Accuse One vehicle used been recovered. Harpal, Karan @ suffered disclosur disclosed that on alongwith the form at Village Luhari transferred an amo Ritesh . 3. As pe accused were nom -2025 (O&M) 2 htak. One of the members of this ga nd of ransom money of Rs.2 crores fro gram. It was informed that if the abov f the gang were apprehended and in ransom money and weapons could be information, the aforementioned FIR were initiated. During investigation, 10.05.2024. Recovery of two m pistol alongwith five live cartridges w n, co-accused Jagdish @ Jaggu, Pard 12.05.2024, from whom also, differen Accused Ritesh @ Arya and Himanshu used by accused Himanshu at the tim ered. Subsequently, the petitioner, an @ Kannu and Iqbal Singh @ Billa sclosure statement admitting his inv at on 06.04.2024, on the asking o he former had collected ransom mone uhari and had given the same to the c n amount of Rs.50,000/- in the bank As per the further allegations, subse re nominated and arrested. Investigat this gang namely Rohit Godara had res from owner of Maniram Grocery e above mentioned persons and other and interrogated, huge quantity of uld be recovered from them. On the FIR was registered. Investigation gation, accused Dinesh @ Dinu was wo mobile phones, one .30 bore idges was effected from him. On his u, Pardeep, Sagar and Vishnu were ifferent arms and ammunitions were anshu were arrested on 18.05.2024. the time of committing offences had tioner, co-accused Ashis @ Deva, Billa were arrested. The petitioner his involvement in the crime and king of co-accused Himanshu, he money of Rs.2 lakhs from a person o the co-accused Himanshu and had bank account of co-accused Arya @ subsequently some other additional estigation now stands concluded and had cery other ty of n the ation was bore n his were were 024. had eva, ioner and , he rson had ya @ ional and AMIT SHARMA 2026.02.18 10:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-69158- the petitioner alo aforementioned of 4. It is a falsely implicated has been effected The trial will take Himanshu have a deserves to be ext custody gives him submissions, it is u 5. Per c the status report h the petitioner. Th earlier petition fi Bishnoi which is professionals by e ransom money to accused thereby ac stands established absconding, if ext does not deserve to 6. This C at considerable len -2025 (O&M) 3 er alongwith the co-accused is fac ned offences. It is argued by learned counsel for t icated in this case. He is in custody s ected from him. He is on bail in anoth ll take considerable time to conclude. have already been extended benefit be extended the same benefit. Each es him a ground to move for bai , it is urged that the petition deserves t Per contra, learned State counsel wh port has vehemently argued that there There is no substantive change i ion filed. He was member of the ich is involved in extorting money ls by extending threats to them. On ney to the tune of Rs.2 lakhs and ha reby actively participating in the crime lished. There are chances of his co if extended benefit of bail. It is, the erve to be allowed. This Court has heard the rival submi ble length. is facing trial for commission of l for the petitioner that he has been tody since 19.05.2024. No recovery another case registered against him. clude. The accused Vidhyadhar and enefit of bail. On parity, he too Each day spent by the petitioner in bail afresh. With these broad erves to be allowed. sel while referring to the contents of t there are serious allegations against ange in the circumstances from his f the gang operated by Lawrence money from rich businessmen and . On 06.04.2024, he had received and had given the same to the co- crime. His complicity in the crime his committing similar offences or is, therefore, argued that the petition ubmissions made by both the parties n of been very m. r and too er in road ts of ainst his ence and ived - rime es or tition rties AMIT SHARMA 2026.02.18 10:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-69158- 7. The gangster and in co Rs.2 lakhs, which accused Himanshu accused on the bas thorough assessm complicity in the c at this stage. He i time to conclude s The well settled application for gra there is a prima fa committed the o likelihood of the accusation, severit the accused absc apprehension of th the period of inc deciding whether The Hon’ble Ape cannot be kept i application can be has also been held action for filing a a part of the broad -2025 (O&M) 4 The petitioner is alleged to have b d in conspiracy with them is alleged t which was ransom money and then to manshu and Ritesh @ Arya. He wa the basis of the disclosure statement o ssessment of the evidence to be pr n the crime and exact part played by h . He is in custody since 19.05.2024. T lude since none out of 49 prosecution ettled proposition of law is that the grant of bail, has to keep certain fa ima facie case or reasonable ground t the offence, circumstances which a of the offence being repeated, the severity of the punishment in the even d absconding or fleeing if release n of the witnesses being threatened, et of incarceration is also a relevant f ether bail should be granted to an acc e Apex Court has observed in a cat kept in custody for an indefinite p can be considered on its own merits e n held that every day spent in custod ling a bail application under certain ci broader approach emphasizing that la have been a member of notorious leged to have received an amount of o have given the same to the co- He was nominated as an additional ent of the co-accused. It is only on be produced at the trial that his d by him can be determined and not . The trial will take considerable cution witnesses has been examined. at the Court, while considering an tain factors in mind such as whether ound to believe that the accused has hich are peculiar to the accused, d, the nature and gravity of the e event of conviction, the danger of released on bail, and reasonable ned, etc. However, at the same time, vant factor to be considered while an accused charged with an offence. a catena of cases that an accused inite period of time, and the bail erits even if it is filed repeatedly. It custody can provide a new cause of rtain circumstances. This principle is that law prefers bail over jail, aiming rious nt of - ional ly on t his d not rable ined. g an ether has used, the er of able time, hile ence. used bail ly. It se of le is ming AMIT SHARMA 2026.02.18 10:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-69158- to balance the righ system. Reliance Hon’ble Apex Co 2023 SCC OnLi overcrowded and t danger of unjusti hardened rather th and Another v. S 8656 of 2023 deci LiveLaw (SC) 53 incarcerated for a take considerable militates against t 21 of the Constitut 8. On an case in the light o petitioner has suff months and 28 day continued detentio and there is nothin not participate in that bail is the rul not be a replica of appearance of the -2025 (O&M) 5 he rights of the accused with the requi liance in this regard can be placed on ex Court in Mohd. Muslim @ Huss nLine SC 352, wherein it was d and their living conditions are, more unjustified imprisonment is that inm ther than reformed. Reliance can also v. State of West Bengal, Special L decided on 14.09.2023 and Rabi Pra ) 533, wherein bail was granted t for a period of almost two to three y erable time, by observing that prolo ainst the most precious fundamental r nstitution. On analyzing the peculiar facts and light of the aforementioned principle as suffered prolonged incarceration fo 28 days. The trial is not likely to be etention of the petitioner is not likely nothing on record to show that if relea ate in the trial or will abscond. It is w the rule and jail is an exception and th lica of post-conviction sentencing. Th of the accused during trial, and it can requirements of the criminal justice ed on the observations made by the Hussain v. State (NCT of Delhi), t was observed that the jails are , more often than not, appalling. The at inmates are more likely to be n also be placed upon Manmandal ial Leave Petition (Criminal) No. i Prakash v. State of Odisha, 2023 nted to the accused who had been hree years and the trial was likely to t prolonged incarceration generally ental right guaranteed under Article ts and circumstances of the present nciples of law, it transpires that the tion for a period of 01 year and 08 to be concluded in near future. The likely to serve any fruitful purpose if released on bail, the petitioner will It is well settled proposition of law and that pre-trial incarceration shall The object of the jail is to secure it cannot be preventive or punitive. stice y the hi), are . The o be dal No. 23 been ly to rally rticle esent t the d 08 The pose will f law shall cure itive. AMIT SHARMA 2026.02.18 10:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-69158- Taking into consid that a case is m Accordingly, the p on bail subject t satisfaction of the concerned. 9. In the petitioner, it shall application seekin 10. It is, be construed as an and shall not influ 11. Since any, is rendered in 17.02.2026 Amit Sharma -2025 (O&M) 6 consideration the above discussed fac is made out for grant of bail to , the petition is allowed and the petiti ject to his furnishing personal as of the learned trial Court/Chief Judici In the event of there being any FIR t shall be open to the respondent-State seeking cancellation of bail. It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been all ered infructuous.
(MA Whether speaking/reasoned:- Yes
  
ed facts, this Court is of the opinion ail to the petitioner at this stage. e petitioner is ordered to be released al as well as surety bonds to the Judicial Magistrate/Duty Magistrate y FIR/complaint lodged against the State to seek redressal by filing an e observations made above shall not this Court on the merits of the case ial in any manner.
een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
inion tage. ased the trate t the g an l not case n, if AMIT SHARMA 2026.02.18 10:44 I attest to the accuracy and integrity of this order/judgment.