1 CRM-M-11270-2025 (O&M) 252 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11270-2025 (O&M) Date of Decision: 27.03.2025 GOURAV .. Petitioner Vs. STATE OF HARYANA ..Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Ashok Kumar Sharma (Bhana), Advocate for the petitioner. Mr. Karan Garg, AAG, Haryana. ... SUMEET GOEL , J. (Oral) 1. Present petition has been filed under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.372 dated 10.08.2023, registered for the offences punishable under Section 136 of Electricity Act, 2003 and Sections 380 and 458 of IPC (Sections 395 and 459 of IPC added later on) at Police Station Agroha, District Hisar. 2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:- “First information contents: Statement of Ramavtar S/o Sh. Maniram Bisnoi R/o village Kaliravan Tehsil- Adampur, District- Hisar, age 60 years, Mob. No. 98129-66095. Stated that I am resident of above given address. I am running a factory of extracting mustard oil at village Agroha Adampur Road, near Kaliravan about 11⁄2 kilometer distance from river. About 10 labourers works in the season of sarson. But now sarson season is off. So labourers are not working in the factory, nor labour and chowkidar living in the factory. I and my son Anil age 35 years used to sleep in the factory for watching. Yesterday dated 9/10.08.2023 night I and my son Anil were sleeping in the courtyard of factory, there are 3 walls in my factory, but there is no wall in the east Jasmine Kaur 2025.03.27 18:18 I attest to the accuracy and authenticity of this document 2 CRM-M-11270-2025 (O&M) side of factory. So at about 1:30 AM 10 persons came in factory from east side of factory who were wearing masks on their mouths. All those persons caught both of us by coming. About 5 persons locked my son in the room and another 5 persons locked me also in the room. When I raised alarm then one person out of them assaulted me with some sharp edged weapon and second one gave me injury on my eye. My son did not speak anything due to fear. All persons locked both of us and snatched my mobile from me and thrown it in the factory, due to which I could not inform to anyone. My son Anil was not having mobile at that time. After that they all took 35 bottles of mustard oil, electric transformer articles and Rs. 40,000/ cash which was in the counter. Morning at about 4:00 AM anyway we got outside and my son admitted me for treatment in MAMC Agroha. I have given you statement. Legal action be taken. Sd/ LTI- Ramavtar. Anil Attested ASI Rohtash 1104/HSR PS Agroha DT 10.08.2023.” 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 08.04.2024. Learned counsel for the petitioner has iterated that the petitioner has been involved primarily on account of disclosure statement made by co-accused which evidence is untenable in law. Learned counsel for the petitioner has submitted that nothing tangible has come against the petitioner in the challan presented by the police. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 08.04.2024 whereinafter investigation was carried out & challan was presented on 12.06.2024. Total 17 prosecution witnesses have been cited out of which none has been examined till date. It is indubitable that the culmination of the trial, but of Jasmine Kaur 2025.03.27 18:18 I attest to the accuracy and authenticity of this document 3 CRM-M-11270-2025 (O&M) course, will take its own time. The contentions raised by rival parties 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. As per the custody certificate dated 26.03.2025 filed by the learned State counsel, the petitioner has suffered incarceration for more than 11 months and 15 days. As per the said custody certificate, the petitioner is said to be involved in other FIRs also. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. 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 vs. State of U.P. and another, 2012(1) R.C.R. (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das vs. State, 1998(2) R.C.R. (Criminal) 477 & judgments of this Court in CRM-M-38822-2021 titled as Akhilesh Singh vs. State of Haryana, decided on 29.11.2021 and Balraj vs. State of Haryana, 1998(3) R.C.R. (Criminal) 191. Suffice to say further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the present case. 7. In view of totality of factual matrix of the present case, the instant petition is allowed. Petitioner is ordered to be released on regular Jasmine Kaur 2025.03.27 18:18 I attest to the accuracy and authenticity of this document 4 CRM-M-11270-2025 (O&M) bail 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 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. Jasmine Kaur 2025.03.27 18:18 I attest to the accuracy and authenticity of this document 5 CRM-M-11270-2025 (O&M) 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. 27.03.2025 (SUMEET GOEL) Jasmine Kaur JUDGE Whether speaking/reasoned Yes No Whether reportable Yes No Jasmine Kaur 2025.03.27 18:18 I attest to the accuracy and authenticity of this document