IN THE HIGH COURT OF PUNJAB AND HARYANA 232 BAL BAHADUR SHARKI STATE OF HARYANA CORAM: HON’BLE MRS. Present : Mr Mr. Neeraj Poswal, A.A.G., Haryana MANISHA BATRA 1. The present petition has been filed under Section 483 of Nagarik Suraksha Sanhita, 2023 (for of regular bail in case arising out of FIR No. under 309(4), 351(2), 3(5) ‘BNS’) and Section 25 of Arms Act (Sections 310(2) and 123 of B Section 25 (1A) of Arms Act added and Section 3(5) of BNS deleted later on) at Police Station 2. The aforementioned FIR was registered on the basis of a complaint lodged by the complainant 25.07.2024, one girl namely, Karishma hired by her as a domestic help had come to her house. On 27.07.2024, at about 11:20 PM, the complainant noticed Karishma while talking to someone on phone. The complainant was alone at her house at that tim them pointed a pistol towards the complainant after entering in her room and extended threat to kill her if she did not keep quiet. Thereafter both youths took IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: BAL BAHADUR SHARKI Versus STATE OF HARYANA HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Yogender Nain, Advocate for the petitioner. Mr. Neeraj Poswal, A.A.G., Haryana **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 483 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) of regular bail in case arising out of FIR No.433 309(4), 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 ( and Section 25 of Arms Act (Sections 310(2) and 123 of B Section 25 (1A) of Arms Act added and Section 3(5) of BNS deleted later on) at Police Station Suraj Kund, District Faridabad. The aforementioned FIR was registered on the basis of a complaint lodged by the complainant-Ritu Khanna alleging there 25.07.2024, one girl namely, Karishma hired by her as a domestic help had come to her house. On 27.07.2024, at about 11:20 PM, the complainant noticed Karishma while talking to someone on phone. The complainant was alone at her house at that time. Karishma called two youths inside her house. One of them pointed a pistol towards the complainant after entering in her room and extended threat to kill her if she did not keep quiet. Thereafter both youths took IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.1582 of 2025 Date of decision: 27.05.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner. Mr. Neeraj Poswal, A.A.G., Haryana. The present petition has been filed under Section 483 of Bharatiya ‘BNSS’) by the petitioner for grant 433 dated 28.07.2024 registered of Bharatiya Nyaya Sanhita, 2023 (for short- and Section 25 of Arms Act (Sections 310(2) and 123 of BNS and Section 25 (1A) of Arms Act added and Section 3(5) of BNS deleted later on), Faridabad. The aforementioned FIR was registered on the basis of a Ritu Khanna alleging therein that on 25.07.2024, one girl namely, Karishma hired by her as a domestic help had come to her house. On 27.07.2024, at about 11:20 PM, the complainant noticed Karishma while talking to someone on phone. The complainant was alone at e. Karishma called two youths inside her house. One of them pointed a pistol towards the complainant after entering in her room and extended threat to kill her if she did not keep quiet. Thereafter both youths took Bharatiya by the petitioner for grant .2024 registered - NS and , The aforementioned FIR was registered on the basis of a in that on 25.07.2024, one girl namely, Karishma hired by her as a domestic help had come to her house. On 27.07.2024, at about 11:20 PM, the complainant noticed Karishma while talking to someone on phone. The complainant was alone at e. Karishma called two youths inside her house. One of them pointed a pistol towards the complainant after entering in her room and extended threat to kill her if she did not keep quiet. Thereafter both youths took Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document out gold and diamond jewellery, cash amou cupboard and also took debit and credit card, PAN card, Aadhar Card etc. kept in the house and thereafter they along with Karishma scaled the balcony of the house and fled after looting the valuables kept in the house. proceedings were initiated. On 29.07.2024, on the basis of a secret information, the present petitioner along with co Karishma, Pallab Raj Bhatia and Shankar Bhool were arrested. They were interrogated and suffered dis recovered the looted jewellery. They also demarcated the place of occurrence. One country made pistol was also recovered at their instances. The accused Padma @ Aarti @ Karishma got recovered some poisonous p kitchen of the house of the complainant. Investigation now stands completed and the petitioner along with co aforementioned offences. 3. It is argued by learned counsel for the petitioner that he ha falsely implicated in this case. He was not named in the FIR, no specific role has been attributed to him. He is in custody since long. His test identification parade was not got conducted. A false recovery has been planted upon him. Trial is likely to take time. His further incarceration would not serve any useful purpose. He has clean antecedents. Co extended benefit of bail. On parity, he too, deserves to be given the same benefit. As such, it is urged that the petiti 4. Status report has been filed. Learned State counsel has argued that the petitioner had actively participated in the crime. The allegations against him are quite grave in nature. The offence under Section 310(2) of BNS is CRM-M No.1582 of 2025 out gold and diamond jewellery, cash amou cupboard and also took debit and credit card, PAN card, Aadhar Card etc. kept in the house and thereafter they along with Karishma scaled the balcony of the house and fled after looting the valuables kept in the house. proceedings were initiated. On 29.07.2024, on the basis of a secret information, the present petitioner along with co Karishma, Pallab Raj Bhatia and Shankar Bhool were arrested. They were interrogated and suffered disclosure statement and in pursuance thereof, got recovered the looted jewellery. They also demarcated the place of occurrence. One country made pistol was also recovered at their instances. The accused Padma @ Aarti @ Karishma got recovered some poisonous p kitchen of the house of the complainant. Investigation now stands completed and the petitioner along with co-accused are facing trial for commission of aforementioned offences. It is argued by learned counsel for the petitioner that he ha falsely implicated in this case. He was not named in the FIR, no specific role has been attributed to him. He is in custody since long. His test identification parade was not got conducted. A false recovery has been planted upon him. to take time. His further incarceration would not serve any useful purpose. He has clean antecedents. Co-accused Sher Bahadur has been extended benefit of bail. On parity, he too, deserves to be given the same benefit. As such, it is urged that the petition deserves to be allowed. Status report has been filed. Learned State counsel has argued that the petitioner had actively participated in the crime. The allegations against him are quite grave in nature. The offence under Section 310(2) of BNS is M No.1582 of 2025 -2- out gold and diamond jewellery, cash amount of `75,000/- kept in the cupboard and also took debit and credit card, PAN card, Aadhar Card etc. kept in the house and thereafter they along with Karishma scaled the balcony of the house and fled after looting the valuables kept in the house. Investigation proceedings were initiated. On 29.07.2024, on the basis of a secret information, the present petitioner along with co-accused Padma @ Aarti @ Karishma, Pallab Raj Bhatia and Shankar Bhool were arrested. They were closure statement and in pursuance thereof, got recovered the looted jewellery. They also demarcated the place of occurrence. One country made pistol was also recovered at their instances. The accused Padma @ Aarti @ Karishma got recovered some poisonous powder from the kitchen of the house of the complainant. Investigation now stands completed accused are facing trial for commission of It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR, no specific role has been attributed to him. He is in custody since long. His test identification parade was not got conducted. A false recovery has been planted upon him. to take time. His further incarceration would not serve any useful accused Sher Bahadur has been extended benefit of bail. On parity, he too, deserves to be given the same on deserves to be allowed. Status report has been filed. Learned State counsel has argued that the petitioner had actively participated in the crime. The allegations against him are quite grave in nature. The offence under Section 310(2) of BNS is kept in the cupboard and also took debit and credit card, PAN card, Aadhar Card etc. kept in the house and thereafter they along with Karishma scaled the balcony of the Investigation proceedings were initiated. On 29.07.2024, on the basis of a secret accused Padma @ Aarti @ Karishma, Pallab Raj Bhatia and Shankar Bhool were arrested. They were closure statement and in pursuance thereof, got recovered the looted jewellery. They also demarcated the place of occurrence. One country made pistol was also recovered at their instances. The accused er from the kitchen of the house of the complainant. Investigation now stands completed accused are facing trial for commission of s been falsely implicated in this case. He was not named in the FIR, no specific role has been attributed to him. He is in custody since long. His test identification parade was not got conducted. A false recovery has been planted upon him. to take time. His further incarceration would not serve any useful accused Sher Bahadur has been extended benefit of bail. On parity, he too, deserves to be given the same Status report has been filed. Learned State counsel has argued that the petitioner had actively participated in the crime. The allegations against him are quite grave in nature. The offence under Section 310(2) of BNS is Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document punishable up to life imprisonment. The petitioner hails from Nepal and there are chances of his absconding or intimidating the witnesses if extended benefit of bail. Accordingly, it is urged that he does not deserve to the extended benefit of bail. 5. Rival 6. The petitioner conjointly with the co committed the offences of dacoity by entering into the house of the complainant, extending threats to her and then by carrying away valuables gold and diamond jewellery, cash amount, debit and credit card etc. from her house. The allegations against the petitioner are quite grave in nature. The victim is yet to be examined. The apprehension expressed by the respondent he may abscond, cannot be stated who has been extended benefit of bail cannot be stated to be at parity with the case of the petitioner since the allegations against that co had supplied some arms to the dacoits. There is nothi there would be any undue delay in conclusion of trial. In view of the above discussed facts but without expressing any merits or demerits on the rival submissions, this Court is of the opinion that no case for release of the petitioner on bail is made out. Accordingly, the petition is dismissed. 27.05.2025 Jyoti-IV CRM-M No.1582 of 2025 shable up to life imprisonment. The petitioner hails from Nepal and there are chances of his absconding or intimidating the witnesses if extended benefit of bail. Accordingly, it is urged that he does not deserve to the extended Rival submissions have been heard. The petitioner conjointly with the co committed the offences of dacoity by entering into the house of the complainant, extending threats to her and then by carrying away valuables gold jewellery, cash amount, debit and credit card etc. from her house. The allegations against the petitioner are quite grave in nature. The victim is yet to be examined. The apprehension expressed by the respondent he may abscond, cannot be stated to be unfounded. The case of co who has been extended benefit of bail cannot be stated to be at parity with the case of the petitioner since the allegations against that co had supplied some arms to the dacoits. There is nothi there would be any undue delay in conclusion of trial. In view of the above discussed facts but without expressing any merits or demerits on the rival submissions, this Court is of the opinion that no case for release of the ioner on bail is made out. Accordingly, the petition is dismissed. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.1582 of 2025 -3- shable up to life imprisonment. The petitioner hails from Nepal and there are chances of his absconding or intimidating the witnesses if extended benefit of bail. Accordingly, it is urged that he does not deserve to the extended submissions have been heard. The petitioner conjointly with the co-accused is alleged to have committed the offences of dacoity by entering into the house of the complainant, extending threats to her and then by carrying away valuables gold jewellery, cash amount, debit and credit card etc. from her house. The allegations against the petitioner are quite grave in nature. The victim is yet to be examined. The apprehension expressed by the respondent-State that to be unfounded. The case of co-accused who has been extended benefit of bail cannot be stated to be at parity with the case of the petitioner since the allegations against that co-accused were that he had supplied some arms to the dacoits. There is nothing on record to show that there would be any undue delay in conclusion of trial. In view of the above discussed facts but without expressing any merits or demerits on the rival submissions, this Court is of the opinion that no case for release of the ioner on bail is made out. Accordingly, the petition is dismissed. (MANISHA BATRA) JUDGE Yes/No. Yes/No shable up to life imprisonment. The petitioner hails from Nepal and there are chances of his absconding or intimidating the witnesses if extended benefit of bail. Accordingly, it is urged that he does not deserve to the extended accused is alleged to have committed the offences of dacoity by entering into the house of the complainant, extending threats to her and then by carrying away valuables gold jewellery, cash amount, debit and credit card etc. from her house. The allegations against the petitioner are quite grave in nature. The victim is State that accused who has been extended benefit of bail cannot be stated to be at parity with the accused were that he ng on record to show that there would be any undue delay in conclusion of trial. In view of the above discussed facts but without expressing any merits or demerits on the rival submissions, this Court is of the opinion that no case for release of the Jyoti 2025.05.28 17:44 I attest to the accuracy and integrity of this document