CRM CRM CRM CRM----M M M M----26955 26955 26955 26955---- 222 222 222 222 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Kuldeep State of Punjab CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No. under Sections 2023 (for short ‘BNS’) added later on) 2. petition by the ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: versus Punjab HON’BLE MR. HON’BLE MR. HON’BLE MR. HON’BLE MR. JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL Mr. Kiranpreet Singh Sidhu, Advocate Mr. Sourav Duvedi, Advocate for the petitioner. Mr. Jaypreet Singh, DAG Punjab. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.349 under Sections 307, 115(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (Sections 238, 317(2), 309(6), 61(2) and 311 of BNS added later on), at Police Station Zirakpur, Mohali. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows: “Copy of statement, "Statement of Dutt Sharma R/o House No. B-302, Royal Umpire Society, Pir Muchhala Police Station Dhakoli, District S.A.S. Nagar Age around 57 years Mobile number 97800-31626, 92165-50036.Stated That I am a resident of the above address and work at Punjabi Tribune newspaper, Chandigarh. On Dated 08.08.2024 1 came to Zirakpur from my home for personal work in my car number HR-03-U-3077 and the time was around 11.30. PM But when I went to nearby Lucky Dhaba Zirakpur, a girl standing on the road 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----26955 26955 26955 26955----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 19 August 19 August 19 August 19, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL Advocate and for the petitioner. Mr. Jaypreet Singh, DAG Punjab. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of 349 dated 10.08.2024, registered of the Bharatiya Nyaya Sanhita, (Sections 238, 317(2), 309(6), 61(2) and 311 of BNS Zirakpur, Mohali. The case set up in the FIR in question (as set out in the present Copy of statement, "Statement of Raj Kumar S/o Shri Bairam 302, Royal Umpire Society, Pir Muchhala Station Dhakoli, District S.A.S. Nagar Age around 57 years Mobile 50036.Stated That I am a resident of the at Punjabi Tribune newspaper, Chandigarh. On Dated 08.08.2024 1 came to Zirakpur from my home for personal work in 3077 and the time was around 11.30. PM But when I went to nearby Lucky Dhaba Zirakpur, a girl standing on the road 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of , registered of the Bharatiya Nyaya Sanhita, (Sections 238, 317(2), 309(6), 61(2) and 311 of BNS The case set up in the FIR in question (as set out in the present Raj Kumar S/o Shri Bairam 302, Royal Umpire Society, Pir Muchhala Station Dhakoli, District S.A.S. Nagar Age around 57 years Mobile 50036.Stated That I am a resident of the at Punjabi Tribune newspaper, Chandigarh. On Dated 08.08.2024 1 came to Zirakpur from my home for personal work in 3077 and the time was around 11.30. PM But when I went to nearby Lucky Dhaba Zirakpur, a girl standing on the road MAHAVIR SINGH 2025.08.19 16:57 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----26955 26955 26955 26955---- 3. is in custody since petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that Parade) was not carried out in accordance with law. urged that the petitioner his family. Thus, regular bail is prayed for. 4. arguing that the allegations raised are serious in nature and thus the ----2025 2025 2025 2025 signaled me to stop. And requested me to leave her at A.K.M. Guruduara Sahib Opposite Palace Patiala Road Zirakpur, so I made that girl sit in my car as it was late at night. When I am in front of A.K.M.Palace When I stopped the car to pick up the girl, a bul at the same time as my car Stopped, on which 3 young boys were riding. Who quickly got down from there motorcycle and A young man among me opened the conductor side door of my car and sat inside. Suddenly my mobile was taken away and a young man opened the door of the seat behind me and entered inside. He held the knife in his hand and placed it on my neck and said, 'Give us whatever you have. The young man sitting next to me took out the gold chain around my neck and Karra right hand. Took off the pot, kept in my dose board and took out a cash of Rs 12000/- By scaring me and asking for the code of my mobile phone, and he sent from my Google Pay Rs. 20000/ Transferred. When I started arguing with him, a young man took out a knife from his box. When he started to attack me, I put my right hand forward in defense and this knife was in my right hand. When I touched it with a little finger, I started crying loudly, then these three people took o my car keys and my mobile, they took the phone and fled away on his Bullet motorcycle. I read the number of the motorcycle as CH Then I called my home with the help of a passerby and my daughter Aastha Sharma came and took me home. On 09.08.2 injury on the finger of my right hand, my relatives took me to Civil Hospital Dhakoli for treatment. Where the doctor treated me and discharged me. Due to my unwell condition, I did not registered FIR of this accident. Could not get my statement recorded with you. Legal action is taken against, three unidentified young men of Bullet motor cycle number CH-01BZ-8064 and one unknown girl. Action should be taken. Today 1 came to the police station and got my statement written to you, I heard it is correct. Sd/-Raj Kumar, attestation is correct/ ASI Police Station Zirakpur dated 10.08 2024. Learned counsel for the petitioner has argued that the petitioner is in custody since 15.08.2024. Learned counsel has further argued petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the requisite TIP (Test Identification was not carried out in accordance with law. urged that the petitioner is a man aged 33 years Thus, regular bail is prayed for. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the 2222 naled me to stop. And requested me to leave her at A.K.M. Guruduara Sahib Opposite Palace Patiala Road Zirakpur, so I made that girl sit in my car as it was late at night. When I am in front of A.K.M.Palace When I stopped the car to pick up the girl, a bullet motor cycle came from behind at the same time as my car Stopped, on which 3 young boys were riding. Who quickly got down from there motorcycle and A young man among opened the conductor side door of my car and sat inside. Suddenly my n away and a young man opened the door of the seat behind me and entered inside. He held the knife in his hand and placed it on my neck and said, 'Give us whatever you have. The young man sitting next to me took out the gold chain around my neck and Karra from my right hand. Took off the pot, kept in my dose board and took out a cash of By scaring me and asking for the code of my mobile phone, and he sent from my Google Pay Rs. 20000/- to some Google Pay number, g with him, a young man took out a knife from his box. When he started to attack me, I put my right hand forward in defense and this knife was in my right hand. When I touched it with a little finger, I started crying loudly, then these three people took out my car keys and my mobile, they took the phone and fled away on his Bullet motorcycle. I read the number of the motorcycle as CH-01BZ-8064. Then I called my home with the help of a passerby and my daughter Aastha Sharma came and took me home. On 09.08.2024 due to severe injury on the finger of my right hand, my relatives took me to Civil Hospital Dhakoli for treatment. Where the doctor treated me and discharged me. Due to my unwell condition, I did not registered FIR of statement recorded with you. Legal action is taken against, three unidentified young men of Bullet motor cycle 8064 and one unknown girl. Action should be taken. Today 1 came to the police station and got my statement written to you, I Raj Kumar, attestation is correct/- Ravinder Singh ASI Police Station Zirakpur dated 10.08 2024.” Learned counsel for the petitioner has argued that the petitioner . Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned requisite TIP (Test Identification was not carried out in accordance with law. Learned counsel has man aged 33 years and is sole bread earner of Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the 2222 naled me to stop. And requested me to leave her at A.K.M. Guruduara Sahib Opposite Palace Patiala Road Zirakpur, so I made that girl sit in my car as it was late at night. When I am in front of A.K.M.Palace When I let motor cycle came from behind at the same time as my car Stopped, on which 3 young boys were riding. Who quickly got down from there motorcycle and A young man among opened the conductor side door of my car and sat inside. Suddenly my n away and a young man opened the door of the seat behind me and entered inside. He held the knife in his hand and placed it on my neck and said, 'Give us whatever you have. The young man sitting from my right hand. Took off the pot, kept in my dose board and took out a cash of By scaring me and asking for the code of my mobile phone, to some Google Pay number, g with him, a young man took out a knife from his box. When he started to attack me, I put my right hand forward in defense and this knife was in my right hand. When I touched it ut my car keys and my mobile, they took the phone and fled away on his 8064. Then I called my home with the help of a passerby and my daughter 024 due to severe injury on the finger of my right hand, my relatives took me to Civil Hospital Dhakoli for treatment. Where the doctor treated me and discharged me. Due to my unwell condition, I did not registered FIR of statement recorded with you. Legal action is taken against, three unidentified young men of Bullet motor cycle 8064 and one unknown girl. Action should be taken. Today 1 came to the police station and got my statement written to you, I Ravinder Singh Learned counsel for the petitioner has argued that the petitioner that the petitioner has been falsely implicated into the FIR in question. Learned requisite TIP (Test Identification Learned counsel has of Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the MAHAVIR SINGH 2025.08.19 16:57 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----26955 26955 26955 26955---- petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated Court today, which is taken on record. 5. available records of the case. 6. investigation was carried out and challan was presented on Total 17 prosecution witnesses have been cited till date. It is time. The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate 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 e 6.1. State counsel, the petitioner has already suffered incarceration for a period of 01 year. Further, as to be involved in 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 b in the FIR in question when a case is made out for grant of regular bail ----2025 2025 2025 2025 petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated , which is taken on record. I have heard counsel for the parties and have gone throug available records of the case. The petitioner was arrested on investigation was carried out and challan was presented on prosecution witnesses have been cited It is thus, indubitable that culmination of the trial will take its own The rival contention raised at par give rise to debatable issues which shall essentially 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 e As per custody certificate dated State counsel, the petitioner has already suffered incarceration for a period Further, as per the said custody certificate, the petitioner is stated to be involved in multiple cases/FIRs. 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 b in the FIR in question when a case is made out for grant of regular bail 3333 petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 16.08.2025 in the I have heard counsel for the parties and have gone through the The petitioner was arrested on 15.08.2024 whereinafter investigation was carried out and challan was presented on 08.10.2024. prosecution witnesses have been cited, but none has been examined indubitable that culmination of the trial will take its own The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court 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 custody certificate dated 16.08.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period per the said custody certificate, the petitioner is stated . 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 3333 petitioner does not deserve the concession of the regular bail. Learned State the h the whereinafter . been examined indubitable that culmination of the trial will take its own The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court 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 .2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period per the said custody certificate, the petitioner is stated . 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 ail to the petitioner qua MAHAVIR SINGH 2025.08.19 16:57 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----26955 26955 26955 26955---- 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 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 Hon’ble Calcutta High Court in case of (Criminal) 477 (Criminal) 477 (Criminal) 477 (Criminal) 477 as Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. undertrial is not warranted in the facts and circumstances of the case. 7. ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. addition to conditions that may be imposed Magistrate, the petitioner shall remain bound by the following conditions: ----2025 2025 2025 2025 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 v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 (Criminal) 477 (Criminal) 477 (Criminal) 477 & judgments of this Court in Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Concerned CJM addition to conditions that may be imposed Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the tria (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 permission of the CJM/ Duty (vii) The petitioner shall not in any manner try to delay the trial. 4444 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 Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and a Division Bench judgment of the Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR & judgments of this Court in CRM CRM CRM CRM----M No.38822 M No.38822 M No.38822 M No.38822----2022 2022 2022 2022 titled decided on 29.11.2021, and Balraj v. Balraj v. Balraj v. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to 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: The petitioner shall not mis-use the liberty granted. The petitioner shall not tamper with any evidence, oral or documentary, during the trial. The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the e his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior CJM/ Duty Magistrate. The petitioner shall not in any manner try to delay the 4444 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 Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and a Division Bench judgment of the Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR titled Balraj v. Balraj v. Balraj v. Balraj v. Suffice to say, further detention of the petitioner as an In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to /Duty Magistrate. However, in /Duty The petitioner shall not tamper with any evidence, oral or The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the e his cellphone number to the Investigating Officer/SHO of concerned Police Station phone number without prior The petitioner shall not in any manner try to delay the MAHAVIR SINGH 2025.08.19 16:57 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----26955 26955 26955 26955---- 8. which may be imposed by concerned hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bai petitioner. 9. 10. opinion on the merits of the case. 11. application, if any, shall also stan August 19 August 19 August 19 August 19, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bai Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 5555 In case of breach of any of the aforesaid conditions and those 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 Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous ds disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 5555 In case of breach of any of the aforesaid conditions and those Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the l of the Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.19 16:57 I attest to the accuracy and authenticity of this order/ judgment