CRM-M-28519-2025 -1- 247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28519-2025 Date of Decision:28.05.2025 VINOD ALIAS DARLING …PETITIONER VS. STATE OF HARYANA …RESPONDENT Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vrishketu, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, 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 to him in case FIR No.240 dated 26.05.2024 registered under Sections 324 & 379- B of IPC, at Police Station Civil Lines, District Sirsa 2. The FIR in the present case was registered on the basis of the statement made by Amit Kumar son of Chaman Lal and the same has been reproduced below:- “Statement of Amit Kumar son of Chaman Lal resident of street No.13 Preet Nagar, Begu Road Sirsa aged about 40 years mobile No.7015713204. I would like to state that I am resident of above noted address and I am doing the work of marketing in VECTUS Company of Sanitary in Sirsa and Deepanshu son of Rajesh Singhal resident of village Kamaspur Police Station VIPIN KUMAR 2025.05.29 10:55 I attest to the accuracy and integrity of this judgment/order CRM-M-28519-2025 -2- Bhalgarh District Sonimat is also doing the work of marketing of Sanitary of Anul Company in District Sirsa with me. Yesterday on 25.05.2024 during night hours, I along with my friend Deepanshu went to Delhi bridge on my car bearing registration No. HR26-ZX-3817 make Alto colour Silver, I was driving the car and thereafter we were going towards Barnala road via Minni bypass and we had reached about 150/200 mrs ahead on Barnala road from Delhi Bridge then I stopped my car on asking of Deepanshu to get free from natural call then I stopped the car on one side. At around 9.15/9.20 O'clock, I was sitting on the driver seat inside the car then four boys came on a motorcycle, having muffled faces, they knocked the door the window glass of my car and when I opened the window of car then suddenly a boy has caught hold my collar and alighted me from the car and he has demanded key from me, I refused to give key then two boys more came on a motorcycle from back side and one by has given blow of Kapa on my head from back side, then second boy has given on my head, due to which, I fell down on the ground, Deepanshu came forwarded to save me the one boy has given blow of Danda on the left of Deepansu and thrown him on the ground, I got up and tried to save him, then boy has given blow of Kapa on my waist, due to which the key of car fell down on the ground from my hand, then one boy has given blow of Danda on my left side knee, then one boy said that let's kill him, then I and Dipanshu have raised noise "Mardia Mardia" then said unknown boys have ran away from the spot along with my car. My purse, mobile phone make OPP in which two SIM of Jio 9518152521 and Airtel 9896411383 were working and the documents of my scootry, RC of my key, my license, ATM of Bank of India, PAN Card of my wife, Aadhar Card of my wife and my both children and Rs. 3000/-in cash were in my purse. VIPIN KUMAR 2025.05.29 10:55 I attest to the accuracy and integrity of this judgment/order CRM-M-28519-2025 -3- Thereafter my fried Deepanshu has made phone call at helpline No. 112, then the officials of Helpline No. 112 reached at the spot and they took us to Government Hospital Sirsa for treatment, where the doctor has given me first aid and got done my CT Scan, thereafter I came back to my house. Today I along with my wife Meena and my friend Dipanshu came to Police Post to give complaint in this regard and I have presented the MR of my injuries to you. The unknown boys have snatched my car by causing injuries to me and my friend Deepanshu. Legal action be taken against them. Statement got recorded, heard, same is correct. Sd/- Amit Kumar. ” 3. Learned counsel for the petitioner contends that the petitioner was not named in the FIR. Further, as per the complainant, the accused in the present case had come with muffled faces and there was no occasion for the complainant to identify any of the alleged assailants. Further, no test identification parade was held in the present case and the petitioner has been falsely involved without any incriminating evidence. He further contends that as per the case of the prosecution, the accused in the present case had also caused injuries to the complainant, while snatching his car, phone and purse. However, the injuries suffered by the complainant are simple in nature. The petitioner was arrested in the present case on 26.06.2024 and is in custody for the last more than 11 months. Learned counsel further submits that similarly placed co- accused Rinku, Sandeep and Mangal have already been granted the concession of regular bail by this Court. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does VIPIN KUMAR 2025.05.29 10:55 I attest to the accuracy and integrity of this judgment/order CRM-M-28519-2025 -4- not deserve the concession of bail by this Court. He further submits that the petitioner has been involved in 03 more cases. 5. I have heard the learned counsel for the parties and perused the record carefully. 6. The petitioner was arrested in the present case on 26.06.2024 and is in custody for the last more than 11 months. Final report under Section 173 Cr.P.C. has already been presented against him. Moreover, similarly placed co- accused Rinku, Sandeep and Mangal have already been granted the concession of regular bail by this Court vide orders Annexures P-6 to P-8. Thus, the further custody of the petitioner will not serve any useful purpose. 7. At this stage, 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. VIPIN KUMAR 2025.05.29 10:55 I attest to the accuracy and integrity of this judgment/order CRM-M-28519-2025 -5- (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 is involved 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. 8. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 28.05.2025 (N.S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.29 10:55 I attest to the accuracy and integrity of this judgment/order