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2025 DAILYLAW 6651 (PNJ)

RAVI KUMAR v. STATE OF HARYANA AND ANOTHER

CRM-M/35168/2025 · 2026-04-07

Kirti Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M IN THE HIGH COURT OF PUNJAB & HARYANA AT (115) RAVI KUMAR STATE OF CORAM: HON'BLE Present: KIRTI SINGH CRM-14846 Annexures P MAIN CASE 1. Bharatiya Nagarik Suraksha Sanhita (for short regular bail to Sections Sections 354a(1)(I), 384, 506, 34 IPC registered at Police Station 2. M-35168-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of Decision: RAVI KUMAR Versus STATE OF HARYANA AND ANR. CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Varun Katyal, Advocate and Mr. Bhanu Chaudhary, Advocate Mr. Brijesh Sharma, AAG, Haryana. Mr. K.S.Siwach, Advocate for the complainant. **** KIRTI SINGH, J. (ORAL) 14846-2026 Application is allowed as prayed for and Annexures P-7 to P-9 are taken on record subject to all just exceptions. MAIN CASE Prayer in the present petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short regular bail to the petitioner, in case FIR No. Sections 66E, 67A of I.T. Act, Sections 8 and 12 of POCSO Act, 2012, ns 354a(1)(I), 384, 506, 34 IPC and registered at Police Station Sadar Ratia, District The contents of the FIR are reproduced below: “To, the SHO, Women Help Desk Sadar Police Station Ratia. Subject: Application regarding taking legal action against 1. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-35168-2025 (O&M) Date of Decision: 07.04.2026 ......Petitioner Versus .....Respondent MS. JUSTICE KIRTI SINGH Varun Katyal, Advocate and Advocate for the petitioner. Mr. Brijesh Sharma, AAG, Haryana. Advocate for the complainant. Application is allowed as prayed for and documents annexed at 9 are taken on record subject to all just exceptions. Prayer in the present petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short- ‘BNSS’), is for grant of the petitioner, in case FIR No.228 dated 19.08.2023, under 66E, 67A of I.T. Act, Sections 8 and 12 of POCSO Act, 2012, d Section 3 (2)W(1) of SC/ST Act, District Fatehabad. reproduced below:- SHO, Women Help Desk Sadar Police Station Ratia. Subject: Application regarding taking legal action against 1. ......Petitioner .....Respondents annexed at Prayer in the present petition filed under Section 483 of or grant of , under 66E, 67A of I.T. Act, Sections 8 and 12 of POCSO Act, 2012, Section 3 (2)W(1) of SC/ST Act, SHO, Women Help Desk Sadar Police Station Ratia. Subject: Application regarding taking legal action against 1. SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M M-35168-2025 (O&M) -2- Ravi Kumar son of Surendra Kumar son of Kartar Chand Mob. No..82210xxxx, 2. Kuldeep Kumar son No.97286xxxx residents of Nagpur, Tehsil and Sir, the applicant requests as under that: Surajbhan son of Atmaram son of Nagpur Tehsil and district Fatehabad. 2. That the applicant works as a vegetable seller at Nagpur bus stand and the applicant has four children in which elder daughter xxxxx age 7 years, third daughter xxxxx age Ankit age 4 years. 3. That the applicant is not educated knows to sign, the applicant has spent his 11 after withdrawing the expenses, he did not deposit it in the bank but started keeping it in a table drawer inside the room, which was around Rs.2,50,000/- 6 months ago. When the his money yesterday at around 7:30 AM on 17.08.2023, he found an empty envelope kept in the drawer and Rs.2,50,000/ it. Then the applicant asked his wife about the money and she said that I had not taken it from the wife brought home my elder daughter from the government school in Nagpur, wife asked our elder daughter at first my daughter refused about the money that I do not know, but after some time the applicant and the applicant's wife asked her in a loving manner and then applicant's daughter started crying loudly and was not able to keep quiet. After some time the applicant's minor daughter told that Ravi Kumar son of Surendra Kumar son of Kartar Chand had forcefully come to my house and made a photo and video of himself a year ago and had done mischief and molestation with me and by making a video of it he has been he used to send me obscene videos on the phone of school staff blackmailing me till now and if I refused, then Ravi Kumar would threaten to kill me and if I refused to give him money, then he would forcefully enter in our house and try to have physical relations with me several times and he us forcefully ask me to run away from the house and ask me to with him and because of Ravi Kumar's Intimidating and threatening me and threatening to kill me and Ravi Kumar's threat of making the video viral. Because of fear, I took one lakh rupee demand about 6-7 months ago and in July 2023, before Shivratri, he forcefully came home and Ravi Kumar took one lakh rupees with threats, If the key of the fridge could also be placed in the drawer, that first of all when Ravi Kumar came to forcible then he himself used the key of our fridge and opened the had seen the money kept in the drawer, took the money and Ravi Kumar had also sent my videos and photo to his uncle's son Kuldeep Kumar son of Darshan Singh, who also started blackmailing me and he also tried to force and have physical relations with me and did obscene acts and threatened to kill me, if I refused. He also used to give threats and took awa rupees by scaring me 5 months ago and the chatting asking for money is on my phone. 4. That after listening the past of his daughter, the applicant called his close relatives and told them the whole story. Earlier, due to shame in the publ not able to file a complaint, but today he gathered courage and Ravi Kumar son of Surendra Kumar son of Kartar Chand Mob. , 2. Kuldeep Kumar son of Darshan Singh Mob. residents of Nagpur, Tehsil and District Fatehabad applicant requests as under that:- 1. That the applicant Surajbhan son of Atmaram son of Ramdayal is a resident of village and district Fatehabad. 2. That the applicant works as bus stand and the applicant has four children in which elder daughter xxxx age 13 years, second daughter daughter xxxxx age 6 years and fourth son That the applicant is not educated and only has spent his 11 years' earnings at home after withdrawing the expenses, he did not deposit it in the bank but started keeping it in a table drawer inside the room, which was 6 months ago. When the applicant took care of his money yesterday at around 7:30 AM on 17.08.2023, he found an empty envelope kept in the drawer and Rs.2,50,000/- were missing in it. Then the applicant asked his wife about the money and she said that I had not taken it from the drawer, then thereafter the applicant's wife brought home my elder daughter xxxx, who had taken leave government school in Nagpur, and we both husband and wife asked our elder daughter at first my xxxx about the money, oney that I do not know, but after some time the applicant and the applicant's wife asked her in a loving manner and then applicant's daughter started crying loudly and was not able to keep quiet. After some time the applicant's minor vi Kumar son of Surendra Kumar son of Kartar Chand had forcefully come to my house and made a photo and video of himself a year ago and had done mischief and molestation with me and by making a video of it he has been he used to send me obscene he phone of school staff blackmailing me till now and if I refused, then Ravi Kumar would threaten to kill me and if I refused to give him money, then he would forcefully enter in our house and try to have physical relations with me several times and he used to forcefully ask me to run away from the house and ask me to marry with him and because of Ravi Kumar's Intimidating and threatening me and threatening to kill me and Ravi Kumar's threat of making the I took one lakh rupees from home on his 7 months ago and in July 2023, before Shivratri, he avi Kumar took one lakh rupees with threats, If the key of the fridge could also be placed in the drawer, irst of all when Ravi Kumar came to forcible attempt on me, of our fridge and opened the drawer. He the money kept in the drawer, so he blackmailed me and took the money and Ravi Kumar had also sent my videos and photo to his uncle's son Kuldeep Kumar son of Darshan Singh, who also started blackmailing me and he also tried to force and have physical relations with me and did obscene acts and threatened to kill me, if I refused. He also used to give threats and took away fifty thousand rupees by scaring me 5 months ago and the chatting asking for money is on my phone. 4. That after listening the past of his daughter, the applicant called his close relatives and told them the whole story. Earlier, due to shame in the public, the applicant was not able to file a complaint, but today he gathered courage and Ravi Kumar son of Surendra Kumar son of Kartar Chand Mob. Singh Mob. Fatehabad 1. That the applicant a resident of village and district Fatehabad. 2. That the applicant works as bus stand and the applicant has four , second daughter and fourth son nd only years' earnings at home after withdrawing the expenses, he did not deposit it in the bank but started keeping it in a table drawer inside the room, which was applicant took care of his money yesterday at around 7:30 AM on 17.08.2023, he found an were missing in it. Then the applicant asked his wife about the money and she said drawer, then thereafter the applicant's , who had taken leave and we both husband and about the money, oney that I do not know, but after some time the applicant and the applicant's wife asked her in a loving manner and then applicant's daughter started crying loudly and was not able to keep quiet. After some time the applicant's minor vi Kumar son of Surendra Kumar son of Kartar Chand had forcefully come to my house and made a photo and video of himself a year ago and had done mischief and molestation with me and by making a video of it he has been he used to send me obscene he phone of school staff blackmailing me till now and if I refused, then Ravi Kumar would threaten to kill me and if I refused to give him money, then he would forcefully enter in our house and try ed to marry with him and because of Ravi Kumar's Intimidating and threatening me and threatening to kill me and Ravi Kumar's threat of making the s from home on his 7 months ago and in July 2023, before Shivratri, he avi Kumar took one lakh rupees with threats, If the key of the fridge could also be placed in the drawer, attempt on me, drawer. He and took the money and Ravi Kumar had also sent my videos and photos to his uncle's son Kuldeep Kumar son of Darshan Singh, who also started blackmailing me and he also tried to force and have physical relations with me and did obscene acts and threatened to kill me, if I y fifty thousand rupees by scaring me 5 months ago and the chatting asking for money is on my phone. 4. That after listening the past of his daughter, the applicant called his close relatives and told them the ic, the applicant was not able to file a complaint, but today he gathered courage and SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M 3. petitioner has been falsely implicated statement of the that merel the petitioner at the ho particularly otherwise complicity further su offender in the and has be for a peri namely K bail by thi 4. Assistant Superintendent of Police, Ratia, District Fatehabad filed by the learned Sta M-35168-2025 (O&M) -3- protested against the atrocities committed against his daughter by the accused, I have come today to submit this application to the respected Sir, the applicant is a mino accused men seduced, intimidated and blackmailed and by sending obscene videos on mobile number and 70271 xxxx and also entered the applicant's house and made forcible physical relation with her daughter And mentally and physically has been exploited daughter respect of the family is at stake in the society. Therefore, it is requested by presenting the application, that after conducting the medical examination of my daughter, strict legal action be taken against the above mentioned accused and justice be provided to the applicant. I shall be thankful to you. Learned counsel for the petitioner petitioner has been falsely implicated in the present case on the basis of the statement of the complainant. A bare peru ly sweeping and non-specific all petitioner. Moreover, the alleged incid ouse of the prosecutrix, whic particularly in the absence of any e, there is no cogent evidence y of the petitioner, a 21 year ubmitted that though the petitioner in the case, however, he duly su een in custody since, meaning th iod of 09 months and 27 days. Kuldeep Kumar was in fact gran is Court vide order dated 29.08.2 Status report by way of an affidavit of Divyanshi Singla, IPS, Assistant Superintendent of Police, Ratia, District Fatehabad filed by the learned State counsel is taken on record. protested against the atrocities committed against his daughter by the accused, I have come today to submit this application to the respected Sir, the applicant is a minor daughter xxxxx, to whom the seduced, intimidated and blackmailed and by sending obscene videos on mobile number and 70271xxxx and Instagram and also entered the applicant's house and made forcible physical relation with her daughter xxxxx outrage the modesty of her. And mentally and physically has been exploited daughter xxx and the respect of the family is at stake in the society. Therefore, it is requested by presenting the application, that after conducting the y daughter, strict legal action be taken against the above mentioned accused and justice be provided to the applicant. I shall be thankful to you.” Learned counsel for the petitioner inter alia submits that the in the present case on the basis of the usal thereof, it is submitted, reve legations have been levelled agai dents are stated to have taken pl ch version is highly improbab independent corroboration. Ev on record that points towards old with clean antecedents. It petitioner was declared a proclaim urrendered on orders of this Co hereby that he has been behind b It is submitted that the co-accu nted the concession of anticipat 2024. Status report by way of an affidavit of Divyanshi Singla, IPS, Assistant Superintendent of Police, Ratia, District Fatehabad filed by the protested against the atrocities committed against his daughter by the accused, I have come today to submit this application to the , to whom the seduced, intimidated and blackmailed and by sending Instagram and also entered the applicant's house and made forcible outrage the modesty of her. and the respect of the family is at stake in the society. Therefore, it is requested by presenting the application, that after conducting the y daughter, strict legal action be taken against the above mentioned accused and justice be provided to the submits that the in the present case on the basis of the eals inst lace ble, ven the t is med ourt, bars used tory Status report by way of an affidavit of Divyanshi Singla, IPS, Assistant Superintendent of Police, Ratia, District Fatehabad filed by the SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M 5. complainant counsel for the petitioner. involved in the commission of the offence. custody certificate in Court today and the same custody certificate, the petitioner has undergone an actual custod months and 27 days charges have been witnesses, 6. parties. 7. observations passed by the Hon'ble Supreme Court in CBI, (2012) 1 SCC 40 8. M-35168-2025 (O&M) -4- Per contra, learned State counsel complainant have vehemently opposed the submissions made by the learned counsel for the petitioner. They state that the petitioner was actively involved in the commission of the offence. custody certificate in Court today and the same custody certificate, the petitioner has undergone an actual custod months and 27 days. Investigation is complete. have been framed on 17.10.2025 witnesses, 03 have been examined. Heard the rival submissions made by learned counsel for the Before proceeding, a gainful reference can be made to the observations passed by the Hon'ble Supreme Court in CBI, (2012) 1 SCC 40, relevant paras whereof reads thu "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventat considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their the trial but in such cases, "necessity" is the operative test. country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances Trite to say that at the stage of considering a petition seeking learned State counsel and counsel for the vehemently opposed the submissions made by the learned state that the petitioner was actively involved in the commission of the offence. Learned State counsel has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of . Investigation is complete. He also submits that t and out of a total of 28 prosecution Heard the rival submissions made by learned counsel for the Before proceeding, a gainful reference can be made to the observations passed by the Hon'ble Supreme Court in Sanjay Chandra v. , relevant paras whereof reads thus: In bail applications, generally, it has been laid down from the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after that every man is deemed to be innocent until duly tried From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in ich, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances." stage of considering a petition seeking and counsel for the vehemently opposed the submissions made by the learned state that the petitioner was actively has filed taken on record. As per y of 09 submits that the prosecution Heard the rival submissions made by learned counsel for the Before proceeding, a gainful reference can be made to the Sanjay Chandra v. In bail applications, generally, it has been laid down from the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of . Deprivation of liberty must be considered a punishment, unless it is required to ensure that an The courts owe more than verbal respect to the principle that punishment begins after that every man is deemed to be innocent until duly tried From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons attendance at In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in ich, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the stage of considering a petition seeking SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involvement of the accused and material on record. 9. that charges came to be framed on prosecution witnesses ha thus, indicates tha already remained in actual custody for a period of 10. against the petitioner, and the culpability, if determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration of the nature of accusation, the stage of the trial, the antecedents of the accused, and the likelihood of his absconding or influencing the course of justice. 11. the petitioner poses a flight risk or that his release would impede the fair conduct of examined. herein-before, and without expressing an opinion on the merits of the case lest it may prejudice the trial, this Court is of the opinion that detention of the petitioner, in the backdrop of the pace of the proceedings and the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article M-35168-2025 (O&M) -5- bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involvement of the accused and material on record. Reverting to the case in hand, it is borne out from the record at charges came to be framed on 17.10.202 prosecution witnesses have been examined. The pace of the proceedings, thus, indicates that the conclusion of trial is not imminent. The petitioner has already remained in actual custody for a period of While the truthfulness or otherwise of the allegations levelled against the petitioner, and the culpability, if determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration of the nature of accusation, the stage of the trial, the antecedents of the d, and the likelihood of his absconding or influencing the course of Presently, no material has been placed on record to suggest that the petitioner poses a flight risk or that his release would impede the fair conduct of the trial, particularly when the material witnesses stand examined. Therefore, upon taking into account all the considerations stated before, and without expressing an opinion on the merits of the case lest it may prejudice the trial, this Court is of the opinion that detention of the petitioner, in the backdrop of the pace of the proceedings and the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involvement of the accused and Reverting to the case in hand, it is borne out from the record 0.2025. Yet, only 3 out of 28 cited been examined. The pace of the proceedings, t the conclusion of trial is not imminent. The petitioner has already remained in actual custody for a period of 09 months and 27 days. hile the truthfulness or otherwise of the allegations levelled against the petitioner, and the culpability, if any, would be tested and determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration of the nature of accusation, the stage of the trial, the antecedents of the d, and the likelihood of his absconding or influencing the course of ently, no material has been placed on record to suggest that the petitioner poses a flight risk or that his release would impede the fair rly when the material witnesses stand Therefore, upon taking into account all the considerations stated before, and without expressing an opinion on the merits of the case lest it may prejudice the trial, this Court is of the opinion that the continued detention of the petitioner, in the backdrop of the pace of the proceedings and the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involvement of the accused and the Reverting to the case in hand, it is borne out from the record cited been examined. The pace of the proceedings, t the conclusion of trial is not imminent. The petitioner has . hile the truthfulness or otherwise of the allegations levelled any, would be tested and determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration of the nature of accusation, the stage of the trial, the antecedents of the d, and the likelihood of his absconding or influencing the course of ently, no material has been placed on record to suggest that the petitioner poses a flight risk or that his release would impede the fair rly when the material witnesses stand Therefore, upon taking into account all the considerations stated before, and without expressing an opinion on the merits of the case the continued detention of the petitioner, in the backdrop of the pace of the proceedings and the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M 21 of the Const obliges the Court to ensure that pre punitive character. The prolonged incarceration, without the prospect of the trial being concluded in the near future, settled legal principle that ‘bail is the rule and jail is the exception’, reaffirmed by the Hon’ble Supreme Court in Uttar Pradesh and another (2018) 3 SCC 22. 12. may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the con Magistrate. 13. prosecution shall be at liberty M-35168-2025 (O&M) -6- 21 of the Constitution of India, which includes the right to a speedy trial, obliges the Court to ensure that pre-trial incarceration does not assume a punitive character. The prolonged incarceration, without the prospect of the trial being concluded in the near future, settled legal principle that ‘bail is the rule and jail is the exception’, reaffirmed by the Hon’ble Supreme Court in Uttar Pradesh and another (2018) 3 SCC 22. Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the con Magistrate. The petitioner shall also 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 witness(s). (iii) The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted. (iv) The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected. (v) 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 disclosing such facts to the Court or to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail itution of India, which includes the right to a speedy trial, trial incarceration does not assume a punitive character. The prolonged incarceration, without the prospect of the trial being concluded in the near future, would also run contrary to the settled legal principle that ‘bail is the rule and jail is the exception’, reaffirmed by the Hon’ble Supreme Court in Dataram Singh vs. State of Uttar Pradesh and another (2018) 3 SCC 22. Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty The petitioner shall also abide by the following conditions:- The petitioner will not tamper with the evidence The petitioner will not pressurize/intimidate the prosecution The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted. The petitioner shall not commit an offence similar to the is accused of, or for commission of 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the to move an application for cancellation of bail itution of India, which includes the right to a speedy trial, trial incarceration does not assume a punitive character. The prolonged incarceration, without the prospect of the would also run contrary to the settled legal principle that ‘bail is the rule and jail is the exception’, as Dataram Singh vs. State of Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety cerned learned trial Court/Duty The petitioner will not pressurize/intimidate the prosecution The petitioner will appear before the trial Court on the date The petitioner shall not commit an offence similar to the is accused of, or for commission of The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted to dissuade him from disclosing such facts to the Court or to any police officer or In case of breach of any of the above conditions, the to move an application for cancellation of bail SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M before this Court. 14. expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in are only for the purpose of adjudicating the present bail petition. 15. disposed of. April 07, 202 SwarnjitS M-35168-2025 (O&M) -7- before this Court. However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in are only for the purpose of adjudicating the present bail petition. Pending miscellaneous application(s), if any, also stands disposed of. , 2026 Whether speaking/reasoned Whether reportable However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. Pending miscellaneous application(s), if any, also stands (KIRTI SINGH) JUDGE : Yes/No : Yes/No However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would the present case which Pending miscellaneous application(s), if any, also stands SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document