Extracted from the PDF above. The PDF is authoritative.
BNSS is for grant of regular bail to the petitioner in case 17.03.2025, under Sections (8) of Arms Act 1959 (later Section 25 of Arms Act) registered at Police Station Mehna, District Moga.
2.
custody for no injury. leg. Charges have been framed on 12.09.2025, however, only 1 PW stands examined and there are still 15 more to go.
Prayer in the present petition filed under Section 483 of BNSS is for grant of regular bail to the petitioner in case 17.03.2025, under Sections 109 and 111 of BNS and Section 25 (8) of Arms Act 1959 (later on added Section Section 25 of Arms Act) registered at Police Station Mehna, District
Learned counsel contends that the petitioner has been in custody for about 11 months. He alleges false implication. no injury. As a matter of fact, he had received gun Charges have been framed on 12.09.2025, however, only 1 PW stands examined and there are still 15 more to go. Prayer in the present petition filed under Section 483 of BNSS is for grant of regular bail to the petitioner in case FIR No.27 dated of BNS and Section 25(6), (7), on added Sections 132, 221 of BNS and Section 25 of Arms Act) registered at Police Station Mehna, District
Learned counsel contends that the petitioner has been in He alleges false implication. It is a case of As a matter of fact, he had received gun-shot on lower right Charges have been framed on 12.09.2025, however, only 1 PW stands examined and there are still 15 more to go. The petitioner is PARVEEN KUMAR 2026.02.24 19:29 I attest to the accuracy and integrity of this
order/judgment.
involved in 4 more cases wherein he is on bail. Reliance is placed on the
judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.
3.
The custody certificate dated 23.02.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 10 months and 26 days.
4.
Learned State counsel opposes the bail on the ground that the petitioner had opened fire at the police party. However, he is unable to controvert the submissions with regard to stage of the trail, it being no injury case and the petitioner being on bail in other FIRs.
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Heard.
6.
Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra)had held that, “As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court, etc.” Reiterating in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was observed that, “The offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors by themselves cannot be the basis for refusal of prayer for bail.”
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Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 10 months and 26 PARVEEN KUMAR 2026.02.24 19:29 I attest to the accuracy and integrity of this
order/judgment.
days; being on bail in other cases; charges stand framed on 12.09.2025, but out of 16 PWs, only 1 has been examined; the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.
8.
The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/ intimidate the prosecution witnesses. (iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such
facts to the Court or to any police officer or tamper with the evidence in any manner. (vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court.
PARVEEN KUMAR 2026.02.24 19:29 I attest to the accuracy and integrity of this
order/judgment.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
9.
It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.
10.
In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.
PARVEEN KUMAR 2026.02.24 19:29 I attest to the accuracy and integrity of this
order/judgment.