CRM-M-14179-2025 -1- 258 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14179-2025 Date of Decision:22.04.2025 Rajender …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Kulwant Singh Dhanora, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail in case FIR No.178 dated 16.06.2024 registered under Sections 114, 147, 148, 149, 307, 323, 325, 341 of IPC, at Police Station Narwana City, District Jind. 2. Learned counsel for the petitioner contends that even though, the petitioner has been specifically named in the FIR, but no specfic role has been attributed to him. He further contends that as per the case set up by the prosecution, Jatin, co-accused had caused an injury with an ice-pick on the head of Shamsher, injured and the said injury has been declared to be dangerous to life. However, Shamsher and two other injured have already been discharged from the hospital. Learned counsel further submits that the petitioner was arrested in the present case on 12.08.2024 and the final report under Section 173 Cr.P.C. has already been presented against him. He further contends that the prosecution has not been able to examine even a single witness, so far and HEMLATA 2025.04.23 23:16 I attest to the accuracy and integrity of this document CRM-M-14179-2025 -2- the trial Court may take considerable time to conclude the trial. By referring to the orders (Annexures P-3 and P-4), learned counsel submits that other co- accused, namely, Raju and Sunil @ Pappan have already been admitted to bail by this Court. Apart from that, two other co-accused, namely, Ajay and Vijay have also been admitted to bail by this Court. He further contends that even though, five more cases were ordered to be registered against the petitioner, but he is on bail in all other cases. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that five more cases have been ordered to be registered against the petitioner and he does not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record. 5. No doubt, five more criminal cases have been registered against the petitioner, but the petitioner cannot be denied the concession of bail in the present case only on that ground, because the petitioner has been able to make out a case for grant of bail in the peculiar facts and circumstances of the present case. The reliance can be placed on the law laid down by the Hon’ble Supreme Court in the matter of “Prabhakar Tewari Vs. State of U.P., and another” 2020(1) R.C.R. (Criminal) 831, wherein it has been held that the pendency of several criminal cases against the accused cannot be the basis to refuse the prayer of bail. Similar observations have been made by the Hon'ble Supreme Court in the matter of “Maulana Mohd. Amir Rashadi Vs. State of U.P., and another” 2012(1) R.C.R. (Criminal) 586. The petitioner was arrested in the present case on 12.08.2024 and no specific injury has been attributed to him. HEMLATA 2025.04.23 23:16 I attest to the accuracy and integrity of this document CRM-M-14179-2025 -3- Moreover, four similarly placed co-accused, namely, Raju, Sunil @ Pappan, Ajay and Vijay have already been admitted to bail by this Court. 6. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. (N.S.SHEKHAWAT) 22.04.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.04.23 23:16 I attest to the accuracy and integrity of this document