CRM-M- IN 228 Yahya v. State of Ha CORAM: Present: AARADHN 1. registered a Arms Act, petition und 2. noticed her complaint l on 20.5.20 Ayub, resid supplying Mindkola c coloured B police offic -49785-2025 -1 IN THE HIGH COURT OF PUNJA CHANDIGA of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Tushar Gautam, Advocate Mr. Vishal Singh, AAG, Harya **** ADHNA SAWHNEY, J. (Oral) Petitioner, an accused in case tered against him for commission of s Act, at Police Station Hathin, Distr ion under Section 483 of BNSS for gra Relevant facts as emerging fr ed hereinbelow:- Proceedings in the present ca int lodged by HC Ajit Kumar, CIA S 5.2025, on receipt of a secret infor resident of Mandayaki, Nuh has b ing illegal weapons and today he ola cut via KMP Highway and Bo ed Breeza car with temporary num officials laid a ‘nakka’. After som 1- PUNJAB AND HARYANA AT DIGARH CRM-M-49785-2025 Date of Decision: 4.12.2025 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. vocate for the petitioner. , Haryana. n case FIR No. 124 dated 20.05.202 ion of offence under Section 25(8) o , District Palwal, has filed the prese for grant of bail. ging from the documents on record b nt case were initiated on the basis IA Staff, Pawal, alleging therein th information that Iklas @ Ikka, son as been indulged in the business he is coming towards Palwal fro d Bombay Highway road in a blac number plate, he along with oth sometime, when the said car cam 2025 .2025, 5(8) of present cord be asis of in that son of ess of l from black other came, GURBACHAN SINGH 2025.12.08 19:44 I attest to the accuracy and integrity of this document CRM-M- complainan of the car, car, one p countrymad empty mag Iklas was a statement. disclosure case vide F Section 25( Additional order dated filed for gra 3. been falsely was arreste Pursuant th counsel fur on 22.5.20 charges hav of the trial further inca not only India. Pray -49785-2025 -2 inant signalled the driver to stop th car, who introduced himself as Ikla ne plastic bag was found in wh ymade pistols (kattas), 10 live cartri magazines were found and the same as arrested at the site. During inter ent. Yahya (present petitioner) w ure statement made by accused Ikla ide FIR No. 124 dated 20.05.2025, w 25(8) of Arms Act, at Police Station Petitioner moved an applicatio tional Sessions Judge, Palwal. The s r dated 11.7.2025. Aggrieved of the for grant of bail. Learned counsel for the petit falsely implicated in the present case arrested only on the basis of disc uant thereto, no recovery was effecte sel further submits that investigations .2025, are complete, for challan es have been framed against petitione e trial being completed in the near futu er incarceration would not serve any u be violative of his rights under Prayer for allowing the petition has 2- p the car. He apprehended the driv Iklas, son of Ayub. On search of th which 10 countrymade pistols, artridges .315 bore 80 MM KF and same were taken in police possessio interrogation, Iklas made a disclosu r) was arrested on the basis of th Iklas. With this backdrop, a form 25, was registered against him, und ation Hathin, District Palwal. lication for grant of bail before learne The same came to be dismissed vid the same, present petition has bee e petitioner submits that petitioner ha t case as he was not caught at the sit f disclosure statement of co-accuse effected from the petitioner. Learne ations qua petitioner, who was arreste allan has been filed on 8.7.2025 an titioner on 19.9.2025, but the likelihoo ear future is quite remote. Thus, his (P e any useful purpose as the same wou nder Article 21 of the Constitution has been made. driver of the ols, 5 and 2 ion. losure of the formal under learned ed vide as been ner has the site, accused. Learned arrested and elihood , his (P) would ution of GURBACHAN SINGH 2025.12.08 19:44 I attest to the accuracy and integrity of this document CRM-M- 4. submission petitioner supplying contends Iklas in M weapon. In that no case 5. documents 6. have alread petitioner statement petitioner submission commentin been in cus challan has prosecution completion favour of p incarceratio Constitutio against the -49785-2025 -3 Per contra, learned State issions raised by learned counsel ioner along with his co-accused wer lying and selling of illegal weapons. that as per CDR, location of pe Madhya Pradesh from where the In view of gravity and seriousne case for grant of bail to petitioner is Heard learned counsel for ments on record. Factual aspects of the case lea already been noticed in para 2 of ioner was not arrested at the site and ment of co-accused Iklas. Further, ioner in pursuance of the disclosu issions advanced by learned counse enting further on the merits of the custody since 22.05.2025, investig an has already been filed, as also takin cution witnesses have been examin letion of trial in the near future is quit ur of petitioner, by extending him co ceration would not only be violative of titution of India, including right to st the principle of “Bail is a gener 3- State counsel while opposing unsel for the petitioner, submits th ere as engaged in the business apons. Learned State counsel furth petitioner was found with accuse hey both purchased the recovere iousness of offence, it has been praye is made out. for the parties and perused leading to the registration of the FI the order. It is not disputed th was arrested only on the disclosu rther, no recovery was effected fro sclosure statement. In view of ounsel for the petitioner, but witho the case, the fact that petitioner vestigations qua him are complete, fo o taking note of the fact that none of th xamined till date, thus, possibility o is quite remote, lenient view is taken him concession of bail, for his furth tive of his rights under Article 21 of th ht to speedy trial but would also b eneral rule and incarceration is a the that iness of further accused covered prayed the FIR that sclosure from the without has lete, for of the ility of taken in further 1 of the also be is an GURBACHAN SINGH 2025.12.08 19:44 I attest to the accuracy and integrity of this document CRM-M- exception Pradesh an 7. to his furn Court/Duty following c -49785-2025 -4 ion” as held by Hon’ble Supreme Co and another, 2018(2) R.C.R. (Cri Resultantly, petitioner is grant is furnishing bail/surety bonds to t t/Duty Magistrate concerned. The wing conditions:- (i) The petitioner will not the trial. (ii) The petitioner will prosecution witnesses. (iii) The petitioner shall no permission of the trial Court. (iv) The petitioner shall not offence of which, he is an acc he is suspected of. (v) The petitioner shall n induce, threaten or promise to facts of the case so as to dissu facts to the Court or to any evidence in any manner. (vi) The petitioner shall not (vii) The petitioner shall f number to the Trial Court fo same till the conclusion of the the petitioner seeks to chang shall be done only with prio Court, stating the reason for th (viii) The petitioner will appe and every date fixed, unless i Court. 4- me Court in Dataram vs. State of Utta (Criminal) 131. s granted the concession of bail subje s to the satisfaction of learned tri The petitioner shall abide by th not tamper with the evidence durin ill not pressurize/ intimidate th l not leave the country without prio urt. l not commit an offence similar to th accused, or for commission of whic ll not directly or indirectly coerc ise to any person acquainted with th dissuade him/her from disclosing su any police officer or tamper with th not in any manner misuse his liberty ll furnish his address and mobi rt forthwith and shall not change th f the trial and in case for any reaso ange any of the aforesaid, the sam prior intimation to the learned Tri for the same. appear before the trial Court on eac ess is exempted by a specific order Uttar subject ed trial by the during e the prior to the which oerce, ith the g such ith the berty. obile ge the eason, same Trial n each der of GURBACHAN SINGH 2025.12.08 19:44 I attest to the accuracy and integrity of this document CRM-M- 8. that in case at liberty t order. 9. herein are l construed a independen 04.12.2025 gbs -49785-2025 -5 (ix) The trial Court/Duty M condition, as deemed app petitioner. Accordingly, the present petiti in case there is any breach of the afore erty to seek cancellation of bail as In view of the above, it is cla n are limited for the purpose of prese trued as an opinion on the merits of the endently of the aforesaid observations .2025 Whether Speaking/reasoned Whether Reportable 5- ty Magistrate may impose any oth appropriate while releasing th t petition is allowed and it is made cle e aforesaid conditions, the State shall b ail as granted to the petitioner by th t is clarified that the observations mad f present proceedings and would not b s of the case and the trial would procee ations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No other g the de clear shall be by this ns made d not be proceed NEY) GURBACHAN SINGH 2025.12.08 19:44 I attest to the accuracy and integrity of this document