CRM CRM CRM CRM----M M M M----31733 31733 31733 31733---- 216 216 216 216 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 Naresh @ Gullu State of Haryana CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ regular bail to the petitioner in case bearing FIR No. registered for the offences punishable under 325, 427, 506, 307 of the Indian Penal Code, 1860 (for short ‘IPC’) Section 25 of the Arms Act, Hassanpur, District Palwal. 2. petition by the petitioner) is as follows: ----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: Naresh @ Gullu Versus Haryana HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Devender Kumar, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. Mr. Manan Kheterpal, Advocate Mr. Ankur Kaushik, Advocate for the complainant. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ regular bail to the petitioner in case bearing FIR No. registered for the offences punishable under 325, 427, 506, 307 of the Indian Penal Code, 1860 (for short ‘IPC’) Section 25 of the Arms Act, 1959 (for short ‘Arms Act’) Hassanpur, District Palwal. The case set up in the FIR in question (as set the petitioner) is as follows: “To the SHO, Police Station Hassanpur. Subject: against the accused. Sir, it is submitted that I Harvir son of Sh. Madan Lal, Caste Jaat, am a resident of Village Darana Tehsil Hassanpur, Tehsil Hodal, District Palwal. I practice in Hodal Court. Naresh @ Gullu and Rohit sons of Rattan Singh, Rattan Singh son of Hira Lal and Ajay son of Devi Ram, all residents of Village Darana broke the water pipe line coming to our 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----31733 31733 31733 31733----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 21 August 21 August 21 August 21, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL , Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. Mr. Manan Kheterpal, Advocate and Mr. Ankur Kaushik, Advocate for the complainant. 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 bearing FIR No.120 dated 17.06.2024, registered for the offences punishable under Sections 148, 149, 285, 323, 325, 427, 506, 307 of the Indian Penal Code, 1860 (for short ‘IPC’) and 1959 (for short ‘Arms Act’), at Police Station The case set up in the FIR in question (as set out in the present To the SHO, Police Station Hassanpur. Subject:- For taking legal action against the accused. Sir, it is submitted that I Harvir son of Sh. Madan Lal, Caste Jaat, am a resident of Village Darana, Sub Tehsil Hassanpur, Tehsil Hodal, District Palwal. I practice in Hodal Court. Naresh @ Gullu and Rohit sons of Rattan Singh, Rattan Singh son of Hira Lal and Ajay son of Devi Ram, all residents of Village Darana broke the water pipe line coming to our fields and made their own 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent 483 of the for grant of , 148, 149, 285, 323, and at Police Station out in the present For taking legal action against the accused. Sir, it is submitted that I Harvir son of Sh. Madan Lal, , Sub Tehsil Hassanpur, Tehsil Hodal, District Palwal. I practice in Hodal Court. Naresh @ Gullu and Rohit sons of Rattan Singh, Rattan Singh son of Hira Lal and Ajay son of Devi Ram, all residents of Village Darana fields and made their own MAHAVIR SINGH 2025.08.21 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----31733 31733 31733 31733---- properties be protected and justice be 3. is in custody since assuming arguendo allegation against the petitioner is that he pistol, but the same has not hit anybody. Learned counsel has iterated that the petitioner ----2025 2025 2025 2025 connection instead. When we came to know, we objected to it, but all of them abused us. My brother Bhup Ram had given a complaint in this regard to Police Station Hassanpur and also filed a civil suit in Hodal Courts in which the 19.06.2024. Yesterday i.e. on 16.06.2024 at about 8:45 PM I was lying on the cot in the tubewell room in the fields. My son was working on the submersible. My nephews Harender and Pardeep sons of Amar Singh were watering the paddy crop nearby. My brother Bhup Ram and his son Dinesh were watering the saplings. Kuldeep son of Bhup Ram was sitting on the 'Thakat' in the verandah near the tubewell. Naresh @ Gullu son of Rattan Singh armed with a country made pistol, Rohit son of Rattan S with a Ballam, Ajay son of Devi Ram with a Farsa, Nand Kishore @ Nanda armed with a lathi, all residents of Village Darana, Bhagat Singh son of Khubi Ram armed with Farsa, Satish @ Satto son of Sukhi with a country made pistol, Vinod son of Banshi and Ballam in one hand and lathi in the other all residents of Village Chahra Ka Nangla, Tehsil Kama, District Deeg (Rajasthan), Leelu son of unknown of village Beda Patta armed with an iron saria along with 10 more persons came in Two Thar cars and 10 registration number of one car was HR other car was not readable due to darkness but was of Rajasthan. Satish @ Satto forcibly entered in the 'Kotha' and fired at me from a country made pistol with the intention to kill me but I escaped narrowly. Ajay and Rohit caught hold of me and dragged me out of the 'Kotha'. Bhagat Singh gave a farsa blow on my head, Nand Nanda gave a lathi blow on my head which struck me on che right my head, Leelu gave an iron saria blow on my left side and I fell down. Then all the accused started giving me lathi and danda blows and I suffered injuries on both my hands, legs and back. help my brother Bhup Ram, nephews my son Rohit came came to save me. Naresh @ Gullu fired at them from the country made pistol but all the accused attacked them with lathi, danda, farsa and iron sarias. My brother and nephews also suffered many injuries who will themselves tell about the injuries suffered by them. Thereafter, seeing the villagers coming the accused started moving and while going away they threatened that we have been saved today but whenever they get a chance they shall finish us. Thereafter Govt. Hospital Hodal where we were medico doctor referred us to Govt. Hospital, Palwal, where treatment. Hence, your goodself is requested to arrest the accused as soon as possible and take the strict legal action against them and our lives and properties be protected and justice be Learned counsel for the petitioner has is in custody since 12.07.2024. Learned counsel has further arguendo, the prosecution version is taken to be correct, the allegation against the petitioner is that he , but the same has not hit anybody. Learned counsel has iterated that petitioner has been falsely implicated into the 2222 connection instead. When we came to know, we objected to it, but all of them abused us. My brother Bhup Ram had given a complaint in this regard to Police Station Hassanpur and also filed a civil suit in Hodal Courts in which the next date of hearing is 19.06.2024. Yesterday i.e. on 16.06.2024 at about 8:45 PM I was lying on the cot in the tubewell room in the fields. My son was working on the submersible. My nephews Harender and Pardeep sons of Amar Singh rop nearby. My brother Bhup Ram and his son Dinesh were watering the saplings. Kuldeep son of Bhup Ram was sitting on the 'Thakat' in the verandah near the tubewell. Naresh @ Gullu son of Rattan Singh armed with a country made pistol, Rohit son of Rattan Singh with a Ballam, Ajay son of Devi Ram with a Farsa, Nand Kishore @ residents of Village Darana, Bhagat Singh son of Khubi Ram armed with Farsa, Satish @ Satto son of Sukhi with a country made pistol, Vinod son of Banshi and Satish's brother armed with Ballam in one hand and lathi in the other all residents of Village Chahra Ka Nangla, Tehsil Kama, District Deeg (Rajasthan), Leelu son of unknown of village Beda Patta armed with an iron saria along with 10-15 in Two Thar cars and 10-12 on motorcycles. The registration number of one car was HR-26EN-2021 and the number of other car was not readable due to darkness but was of Rajasthan. Satish @ Satto forcibly entered in the 'Kotha' and fired at me from a made pistol with the intention to kill me but I escaped narrowly. Ajay and Rohit caught hold of me and dragged me out of the 'Kotha'. Bhagat Singh gave a farsa blow on my head, Nand kishore @ Nanda gave a lathi blow on my head which struck me on che right side of my head, Leelu gave an iron saria blow on my left side and I fell down. Then all the accused started giving me lathi and danda blows and I suffered injuries on both my hands, legs and back. Hearing my screams for help my brother Bhup Ram, nephews Harender, Pardeep and Dinesh and my son Rohit came came to save me. Naresh @ Gullu fired at them from the country made pistol but all the accused attacked them with lathi, My brother and nephews also suffered many will themselves tell about the injuries suffered by them. seeing the villagers coming the accused started moving and going away they threatened that we have been saved today but whenever they get a chance they shall finish us. Thereafter, we all came to Govt. Hospital Hodal where we were medico-legally examined and the doctor referred us to Govt. Hospital, Palwal, where we are under treatment. Hence, your goodself is requested to arrest the accused as soon legal action against them and our lives and properties be protected and justice be done to us. We shall be obliged.” Learned counsel for the petitioner has iterated that the petitioner Learned counsel has further iterated that, the prosecution version is taken to be correct, the allegation against the petitioner is that he has fired from a country-made , but the same has not hit anybody. Learned counsel has iterated that implicated into the FIR in question as there 2222 connection instead. When we came to know, we objected to it, but all of them abused us. My brother Bhup Ram had given a complaint in this regard to Police Station Hassanpur and also filed a next date of hearing is 19.06.2024. Yesterday i.e. on 16.06.2024 at about 8:45 PM I was lying on the cot in the tubewell room in the fields. My son was working on the submersible. My nephews Harender and Pardeep sons of Amar Singh rop nearby. My brother Bhup Ram and his son Dinesh were watering the saplings. Kuldeep son of Bhup Ram was sitting on the 'Thakat' in the verandah near the tubewell. Naresh @ Gullu son of ingh with a Ballam, Ajay son of Devi Ram with a Farsa, Nand Kishore @ residents of Village Darana, Bhagat Singh son of Khubi Ram armed with Farsa, Satish @ Satto son of Sukhi with a Satish's brother armed with Ballam in one hand and lathi in the other all residents of Village Chahra Ka Nangla, Tehsil Kama, District Deeg (Rajasthan), Leelu son of 15 12 on motorcycles. The 2021 and the number of other car was not readable due to darkness but was of Rajasthan. Satish @ Satto forcibly entered in the 'Kotha' and fired at me from a made pistol with the intention to kill me but I escaped narrowly. Ajay and Rohit caught hold of me and dragged me out of kishore @ side of my head, Leelu gave an iron saria blow on my left side and I fell down. Then all the accused started giving me lathi and danda blows and I Hearing my screams for Harender, Pardeep and Dinesh and my son Rohit came came to save me. Naresh @ Gullu fired at them from the country made pistol but all the accused attacked them with lathi, My brother and nephews also suffered many will themselves tell about the injuries suffered by them. seeing the villagers coming the accused started moving and going away they threatened that we have been saved today but , we all came to examined and the we are under treatment. Hence, your goodself is requested to arrest the accused as soon legal action against them and our lives and the petitioner , the prosecution version is taken to be correct, the made , but the same has not hit anybody. Learned counsel has iterated that as there MAHAVIR SINGH 2025.08.21 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----31733 31733 31733 31733---- was an impending the complainant side. discharged from the hospital long time ago. Learned somewhat similar been extended the concession of regular bail by the Hon’ble Supreme Court, on 19.05.2025 (copy whereof regular bail is prayed for 4. arguing that the allegations raised and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record 20.08.2025, in 5. the grant of regular bail to the petitioner by arguing that direct allegations against the petitioner that prime prosecution witnesses are ought not to be extended iterated that the case of the present petition is not accused, namely, Vinod, who has been extended the concession of regular bail by the Hon’ble Supreme Court. Learned counsel has further iterated that another FIR has been registered, after the registration of the FIR in question, against the petitio dismissal of the present petition is ----2025 2025 2025 2025 an impending dispute over a water pipe between the accused side and the complainant side. Learned counsel has further argued that injured was from the hospital long time ago. Learned somewhat similarly placed co-accused of the petitioner, namely, extended the concession of regular bail by the Hon’ble Supreme Court, on 19.05.2025 passed in Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 (copy whereof is appended as Annexure P is prayed for. Learned State counsel has opposed the present petition arguing that the allegations raised against the petitioner and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record in the Court today, which is taken on record. Learned counsel for the complainant has vehemently opposed the grant of regular bail to the petitioner by arguing that direct allegations against the petitioner. Learned counsel has further argued that prime prosecution witnesses are yet to be examined and hence, ought not to be extended to the petitioner, at this stage. Learned counsel iterated that the case of the present petition is not accused, namely, Vinod, who has been extended the concession of regular bail by the Hon’ble Supreme Court. Learned counsel has further iterated that another FIR has been registered, after the registration of the FIR in question, the petitioner. On the strength of these submissions, dismissal of the present petition is entreated for. 3333 a water pipe between the accused side and Learned counsel has further argued that injured was from the hospital long time ago. Learned counsel has argued that accused of the petitioner, namely, Vinod has extended the concession of regular bail by the Hon’ble Supreme Court, Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 is appended as Annexure P-12 with the petition). Thus, Learned State counsel has opposed the present petition by against the petitioner are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated taken on record. Learned counsel for the complainant has vehemently opposed the grant of regular bail to the petitioner by arguing that there are serious and . Learned counsel has further argued yet to be examined and hence, bail to the petitioner, at this stage. Learned counsel has iterated that the case of the present petition is not pari materia with co- accused, namely, Vinod, who has been extended the concession of regular bail by the Hon’ble Supreme Court. Learned counsel has further iterated that another FIR has been registered, after the registration of the FIR in question, ner. On the strength of these submissions, prayer for entreated for. 3333 a water pipe between the accused side and Learned counsel has further argued that injured was counsel has argued that has extended the concession of regular bail by the Hon’ble Supreme Court, Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 Special Leave to Appeal (Crl.) No.6450 of 2025 Thus, by are serious in nature and thus the petitioner does not deserve the concession of the regular bail. custody certificate dated Learned counsel for the complainant has vehemently opposed there are serious and . Learned counsel has further argued bail has - accused, namely, Vinod, who has been extended the concession of regular bail by the Hon’ble Supreme Court. Learned counsel has further iterated that another FIR has been registered, after the registration of the FIR in question, prayer for MAHAVIR SINGH 2025.08.21 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----31733 31733 31733 31733---- 6. the available records of the case. 7. investigation was carried out and challan was presented on 29 prosecution examined till date. into these rival contentions, at this Nothing tangible has been brought petitioner absconding from the prosecution evidence 7.1. of the Hon’ble Supreme Court in Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 ----2025 2025 2025 2025 I have heard counsel for the rival the available records of the case. The petitioner was arrested on investigation was carried out and challan was presented on prosecution witnesses have been cited, out of which only examined till date. This Court does not deem it appropriate to delve deep 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 interferin prosecution evidence. At this juncture, it would be apposite to refer herein a judgment of the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 “18. Criminals are not born out but made. The hu everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. When a crime is committed, a variety of factors is responsible for making the offender commit the crime. Those factors may be social and economic, may be, the result of value erosion or parental neglect; may be, because of the stress of circumstances, or the manifestation of temptations in a milieu of affluence contrasted with indigence or other privations. 19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the na crime. 20. We may hasten to add that the petitioner is still an accused; not a convict. The over-arching postulate of criminal jurisprudence that an accused is presumed to be innocent until proven guilty cannot be brushed aside lightly, howsoever stringent the penal law may be. 21. We are convinced that the manner in which the prosecuting agency as well as the Court have proceeded, the right of the accused to have a 4444 rival parties and have gone through The petitioner was arrested on 12.07.2024 whereinafter investigation was carried out and challan was presented on 09.09.2024. Total , out of which only 01 has been deem it appropriate to delve deep stage, lest it may prejudice the trial. forward to indicate the likelihood of the process of justice or interfering with the At this juncture, it would be apposite to refer herein a judgment Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 Maharashtra and anothers, 2024(3) RCR (Criminal) 494, which reads thus: Criminals are not born out but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every is committed, a variety of factors is responsible for making the offender commit the crime. Those factors may be social and economic, may be, the result of value erosion or parental neglect; may be, because of the stress of circumstances, or the tion of temptations in a milieu of affluence contrasted with If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right eedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the We may hasten to add that the petitioner is still an accused; not a arching postulate of criminal jurisprudence that accused is presumed to be innocent until proven guilty cannot be oever stringent the penal law may be. We are convinced that the manner in which the prosecuting agency as well as the Court have proceeded, the right of the accused to have a 4444 parties and have gone through whereinafter Total been deem it appropriate to delve deep stage, lest it may prejudice the trial. forward to indicate the likelihood of the g with the At this juncture, it would be apposite to refer herein a judgment Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of man potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every is committed, a variety of factors is responsible for making the offender commit the crime. Those factors may be social and economic, may be, the result of value erosion or parental neglect; may be, because of the stress of circumstances, or the tion of temptations in a milieu of affluence contrasted with If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right eedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. ture of the We may hasten to add that the petitioner is still an accused; not a arching postulate of criminal jurisprudence that accused is presumed to be innocent until proven guilty cannot be We are convinced that the manner in which the prosecuting agency as well as the Court have proceeded, the right of the accused to have a MAHAVIR SINGH 2025.08.21 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----31733 31733 31733 31733---- 7.2. State counsel, the petitioner has already suffered incarceration for a period of 01 year, 01 month and 09 days certificate the petitioner is stated to be involved in 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 wh case is made out for grant of regular bail qua 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. Sta Maulana Mohd. Amir Rashadi v. Sta Maulana Mohd. Amir Rashadi v. Sta Maulana Mohd. Amir Rashadi v. Sta (Criminal) 586 (Criminal) 586 (Criminal) 586 (Criminal) 586 Court in case of judgments of this Court in CRM v. v. v. v. State of Haryana State of Haryana State of Haryana State of Haryana 1998 (3) RCR (Criminal) 191. 1998 (3) RCR (Criminal) 191. 1998 (3) RCR (Criminal) 191. 1998 (3) RCR (Criminal) 191. undertrial is not warranted in the facts and circumstances of the case. 8. ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concer Magistrate, the petitioner shall remain bou ----2025 2025 2025 2025 speedy trial could be said to have been infringed thereby violating Articl 21 of the Constitution.” As per custody certificate dated State counsel, the petitioner has already suffered incarceration for a period 01 year, 01 month and 09 days. Further, as per the said custody certificate the petitioner is stated to be involved in 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 wh case is made out for grant of regular bail qua 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. Sta Maulana Mohd. Amir Rashadi v. Sta Maulana Mohd. Amir Rashadi v. Sta Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR (Criminal) 586 (Criminal) 586 (Criminal) 586 (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 judgments of this Court in CRM-M No.38822 State of Haryana State of Haryana State of Haryana State of Haryana, decided on 29.11.2021, and 1998 (3) RCR (Criminal) 191. 1998 (3) RCR (Criminal) 191. 1998 (3) RCR (Criminal) 191. 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/Duty Magistrate. However, in addition to conditions that may be imposed by the concer Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis 5555 speedy trial could be said to have been infringed thereby violating Article As per custody certificate dated 20.08.2025 filed by learned 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 01 more case/FIR. 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 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 te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR ; a Division Bench judgment of the Hon’ble Calcutta High Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & M No.38822-2022 titled as Akhilesh Singh Akhilesh Singh Akhilesh Singh Akhilesh Singh , decided on 29.11.2021, and Balraj v. State of Haryana, Balraj v. State of Haryana, Balraj v. State of Haryana, Balraj v. State of Haryana, Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. ve, 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/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty nd by the following conditions: The petitioner shall not mis-use the liberty granted. 5555 e filed by learned State counsel, the petitioner has already suffered incarceration for a period . Further, as per the said custody . However, this factum cannot be a ground sufficient by itself, to decline the en a case is made out for grant of regular bail qua 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 te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR te of U.P. and another, 2012 (1) RCR ; a Division Bench judgment of the Hon’ble Calcutta High & Akhilesh Singh Akhilesh Singh Akhilesh Singh Akhilesh Singh Balraj v. State of Haryana, Balraj v. State of Haryana, Balraj v. State of Haryana, Balraj v. State of Haryana, Suffice to say, further detention of the petitioner as an ve, 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/Duty Magistrate. However, in ned CJM/Duty MAHAVIR SINGH 2025.08.21 16:58 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----31733 31733 31733 31733---- 9. which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation petitioner. 10. 11. opinion on the merits of the case. 12. application, if any, shall al August 21 August 21 August 21 August 21, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date the trial. (iv) The petitioner shall not commit any offence while bail. (v) The petitioner shall deposit his passport, if any, with trial Court. (vi) The petitioner shall give Investigating Officer/SHO of concerned Police Station and shall not change his cell permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay trial. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation 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 6666 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 The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. The petitioner shall not in any manner try to delay the In case of breach of any of the aforesaid conditions and those which may be imposed by concerned 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 so stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 6666 before the the Investigating Officer/SHO of concerned Police Station prior the In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the of bail of the Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.21 16:58 I attest to the accuracy and authenticity of this order/ judgment