CRM CRM CRM CRM----M M M M----39155 39155 39155 39155---- 218 218 218 218 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 Vikas alias Vikash 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 Sections 310(5) of the Bharatiya Nyaya Sanhita, 2023 25(6) of the Arms Act, 1959 (for short ‘Arms Act’) (Section 2 the Arms Act added later on) Gurugram. 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: Vikas alias Vikash 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. Ashish Aggarwal, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. ***** ***** ***** ***** 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 Sections of the Bharatiya Nyaya Sanhita, 2023 25(6) of the Arms Act, 1959 (for short ‘Arms Act’) (Section 2 the Arms Act added later on), at Police Station The case set up in the FIR in question (as set out in the present the petitioner) is as follows: “To, Station House Officer, Police Station Khedki Daula, District Gurugrma. Sir, it is humbly requested that today 1 along with A.S.I. Arun Kumar Singh No.176, A.S.I. Krishan Kumar No.106, EASI Vishnu Dutt No.2165, EHC Jitender No.3664, Constable Manjeet Kumar No.2134 was present at Rampura Chowk, Highway No.48 at 05 Scorpio, the driver of which is Constable Harish Kum connection to patrolling and inquiry of crime, when, a met and informed that Dheeraj son of 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----39155 39155 39155 39155----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. 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.526 dated 17.10.2024, registered for the offences punishable under Sections 111(2)(b), 310(4), of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25(6) of the Arms Act, 1959 (for short ‘Arms Act’) (Section 25(1-b)(a) of at Police Station Khedki Daula, District in question (as set out in the present To, Station House Officer, Police Station Khedki Daula, District Gurugrma. Sir, it is humbly requested that 1 along with A.S.I. Arun Kumar No. 165/Gurugram, A.S.I. Harjeet Krishan Kumar No.106, EASI Vishnu Dutt No.2165, EHC Jitender No.3664, Constable Manjeet Kumar No.2134 was present at Rampura Chowk, Highway No.48 at 05-40 PM on official vehicle Scorpio, the driver of which is Constable Harish Kumar No.2031, in connection to patrolling and inquiry of crime, when, a special informer met and informed that Dheeraj son of Ramesh Chander resident of Village 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent 483 of the for grant of , 111(2)(b), 310(4), and Section b)(a) of Khedki Daula, District in question (as set out in the present To, Station House Officer, Police Station Khedki Daula, District Gurugrma. Sir, it is humbly requested that jeet Krishan Kumar No.106, EASI Vishnu Dutt No.2165, EHC Jitender No.3664, Constable Manjeet Kumar No.2134 was present at 40 PM on official vehicle ar No.2031, in special informer Ramesh Chander resident of Village MAHAVIR SINGH 2025.08.22 09:28 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39155 39155 39155 39155---- place disclosed by the secret informer, where, in a big vacant field having pistol will be kept just to make them afraid. Whatever putting them in the car pistols, revolvers and live cartridges are lying and the accused are sitting ----2025 2025 2025 2025 Nakhdola, Police Station Khedki Daula, District Gurugram presently residing at H.No.78, Surya Vihar, Block C, Police Station Sector Gurugram, District Gurugram is sitting in his office at Village Nakhdola along with 5-7 other boys, namely Samundar Deshwal alias Rathi and Sagar residents of Atawla, District Panipat, Manish resident of Village Acched, Anuj resident of Village Dharampur, Vikas resident of Village Khachroli, District Jhajjar. Earlier, all of them were in the Ashok Rathi gang and now they are running Rathi Gang and Dheeraj Nakhdola gang. On 05-10-2024, two of them namely Samundar and S ransom from a person namely Mahesh Sharma, who is Munshi of the Company, after visiting Conscient Company, Sector case of failure do so, threatened him to stop the lifting work of soil and to kill. But they did not receive any reply from Conscient Company, Sector 80, Gurugram. Today all of them duly wooden sticks (Dandas) etc. are planning to visit the above said Company to teach them a lesson and to loot their highway dumpers used the soil etc. and to kidnap the Munshi. If a then they could be nabbed along with illegal weapons and a major incident can be avoided from taking place. Regarding which, the higher and the aforesaid companion employ commuters were asked to join the raid, but all the commuters expressed their helplessness and left from there and did not join the raid and keeping in view the time, none of them was any notice etc. Thereafter, 1 along with companion employees reached the place disclosed by the secret informer, where, in a big vacant field having boundary wall on its four sides, a house/office is constructed, outside of which, an iron gate is installed to the boundary wall, which is ope While entering inside, two-three cars are lying parked. I along with companions surrounded the above said office from four while standing outside the office that let us teach a lesson today to the owners/Munshi of Conscient Company, be, all would fire one-one shot in the air. He was saying that I will sit on the front seat of the Scorpio car and with me. Sagar, Samundar, you also keep one pistol will be kept by Anuj and one revolver will be kept by Vikas and all would keep one-one long wooden bamboo sticks in their just to make them afraid. Whatever highway dumper used to lift soil from the above said company is found lifting soil, it will be to our office and will kidnap Mahesh Sharma, Munshi Company, Sector-80, Gurugram or the putting them in the car and will bring here and said that now the name of our gang would prevail in Gurugram who will pay ransom amount only after being afraid. Now I am handing over all the weapons to each of the companion. Meanwhile, 1 along with the companion employees pushed the main door of the house/office towards inside, then I saw that on a table placed there, a huge quantity of pistols, revolvers and live cartridges are lying and the accused are sitting on its four sides. Upon seeing the police party, they were about to suddenly run away and to jump towards the weapons, with the help of companion employees and asked their name and address one by one, who disclosed their names and addresses as Dheeraj, Samundar Deshwal alias Rathi son of Krishan, Sagar son of Ramehar residents of Village Atwal, Police St Manish son of Ranbir resident of Village Acched, Police District Jhajjar, Anuj son of Jai Kishan Dharampur, Police Station Rajendra Park, District Gurugram and Vikas 2222 Nakhdola, Police Station Khedki Daula, District Gurugram presently ar, Block C, Police Station Sector-9A, Gurugram, District Gurugram is sitting in his office at Village Nakhdola other boys, namely Samundar Deshwal alias Rathi and Sagar residents of Atawla, District Panipat, Manish resident of Village Dharampur, Vikas resident of Village District Jhajjar. Earlier, all of them were in the Ashok Rathi gang and now they are running Rathi Gang and Dheeraj Nakhdola gang. namely Samundar and Sagar had demanded ransom from a person namely Mahesh Sharma, who is Munshi of the Company, after visiting Conscient Company, Sector-80, Gurugram and in case of failure do so, threatened him to stop the lifting work of soil and to eive any reply from Conscient Company, Sector- 80, Gurugram. Today all of them duly armed with illegal weapons, are planning to visit the above said Company a lesson and to loot their highway dumpers used for lifting the soil etc. and to kidnap the Munshi. If a raid is conducted right now, along with illegal weapons and a major incident can be avoided from taking place. Regarding which, the higher officials and the aforesaid companion employees have been informed and the the raid, but all the commuters expressed helplessness and left from there and did not join the raid and keeping in view the time, none of them was served with companion employees reached the place disclosed by the secret informer, where, in a big vacant field having boundary wall on its four sides, a house/office is constructed, outside of which, an iron gate is installed to the boundary wall, which is opened. three cars are lying parked. I along with companions surrounded the above said office from four sides and I heard while standing outside the office that let us teach a lesson today to the Conscient Company, Sector-80, Gurugram and if need one shot in the air. He was saying that I will sit on the front seat of the Scorpio car and will keep a pistol with me. Sagar, Samundar, you also keep one-one pistol with you. One Anuj and one revolver will be kept by Vikas and all one long wooden bamboo sticks in their respective hands highway dumper used to lift soil from company is found lifting soil, it will be looted and bring to our office and will kidnap Mahesh Sharma, Munshi of Conscient 80, Gurugram or the owner of the said company by and will bring here and said that now the name of gang would prevail in Gurugram because here are several companies, who will pay ransom amount only after being afraid. Now I am handing over all the weapons to each of the companion. Meanwhile, 1 along with the companion employees pushed the main door of the house/office then I saw that on a table placed there, a huge quantity of pistols, revolvers and live cartridges are lying and the accused are sitting on its four sides. Upon seeing the police party, they were about to suddenly run away and to jump towards the weapons, to whom, I nabbed with the help of companion employees and asked their name and address one by one, who disclosed their names and addresses as Dheeraj, son of Krishan, Sagar son of Ramehar Village Atwal, Police Station Matlauda, District Panipat, Manish son of Ranbir resident of Village Acched, Police Station Beri, District Jhajjar, Anuj son of Jai Kishan Tyagi resident of Village Rajendra Park, District Gurugram and Vikas 2222 Nakhdola, Police Station Khedki Daula, District Gurugram presently 9A, Gurugram, District Gurugram is sitting in his office at Village Nakhdola Sagar residents of Atawla, District Panipat, Manish resident of Village Dharampur, Vikas resident of Village District Jhajjar. Earlier, all of them were in the Ashok Rathi gang and now they are running Rathi Gang and Dheeraj Nakhdola gang. agar had demanded ransom from a person namely Mahesh Sharma, who is Munshi of the 80, Gurugram and in case of failure do so, threatened him to stop the lifting work of soil and to - armed with illegal weapons, are planning to visit the above said Company g raid is conducted right now, along with illegal weapons and a major incident officials been informed and the the raid, but all the commuters expressed helplessness and left from there and did not join the served with companion employees reached the place disclosed by the secret informer, where, in a big vacant field having boundary wall on its four sides, a house/office is constructed, outside of ned. three cars are lying parked. I along with sides and I heard while standing outside the office that let us teach a lesson today to the 80, Gurugram and if need one shot in the air. He was saying will keep a pistol one pistol with you. One Anuj and one revolver will be kept by Vikas and all respective hands highway dumper used to lift soil from looted and bring of Conscient owner of the said company by and will bring here and said that now the name of several companies, who will pay ransom amount only after being afraid. Now I am handing over all the weapons to each of the companion. Meanwhile, 1 along with the companion employees pushed the main door of the house/office then I saw that on a table placed there, a huge quantity of pistols, revolvers and live cartridges are lying and the accused are sitting on its four sides. Upon seeing the police party, they were about to to whom, I nabbed with the help of companion employees and asked their name and address one by one, who disclosed their names and addresses as Dheeraj, son of Krishan, Sagar son of Ramehar ation Matlauda, District Panipat, Station Beri, Tyagi resident of Village Rajendra Park, District Gurugram and Vikas MAHAVIR SINGH 2025.08.22 09:28 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39155 39155 39155 39155---- 3. in custody since petitioner has been falsely No. 525 was in the said FIR. the aforesaid FIR. the instant FIR bearing No.5 ----2025 2025 2025 2025 son of Satvir resident. of Village Khanchroli, Police Station District Jhajjar. Thereafter, the weapons found that there were lying four pistols and one revolver and five magazines and 21 live cartridges, on the base of which, KF 7.65 and 5 live cartridges, on the base of which, other live cartridges, on the base of which, 32 SW LONG WAD CUT G.F.L. is written, lying on the table were recovered. The separate sketches of different sizes of recovered live cartridges have been prepared on separate pages and the separate sketches of recovered pistols and one revolver have also been prepared and measured the same. The length of barrel of first pistol along with slide is 19.7 CM, length of handle (Butt) 9.5 CM, whereupon, number 'one' was assigned with the marker and put the pistol along with magazine into a plastic box and sealed the plastic box with stamp AK. Thereafter, the second pistol was measured. The length of barrel of second pistol along with slide is 14 CM, length of handle (Butt) is 8.6 CM, whereupon, number 'two' was assigned with the marker and put the pistol along with magazine into a plastic with stamp AK. Thereafter, the third pistol was measured. The leng barrel of third pistol along with slide is 14 CM, length of handle (Butt) is 8.6 CM, whereupon, number 'three' was assigned with the marker and put the pistol along with magazine into a plastic box and sealed the plastic box with stamp AK. Thereafter, the fourth pistol was measured. The length of barrel of fourth pistol along with slide is 14 CM, length of handle (Butt) is 8.6 CM, whereupon, number four' was assigned with the marker and put the pistol along with magazine into a plastic with stamp AK. Thereafter, the revolver was measured. The length of barrel of revolver is 6 CM, length of body is 9.7 CM and length of handle (Butt) is 8.0 CM. Regarding the recovered weapons and live cartridges, the above said nabbed persons were demanded license but none of could produce any license. As per the information given by the secret informer and upon hearing the discussions by me from outside the office and recovered illegal weapons, the commission of offence under section 310(4), 310(5), 111(2b) BNS and Section 256 A. this writing is being sent to you by hand through Constable Harish Kumar No.2031 for registration of case. After registration, case number be informed and send the other investigation o of the case. I along with companion employees along with the above said nabbed accused persons is busy in investigation on the spot. Village Nakhdola, District Gurugram. Learned counsel for the petitioner has in custody since 17.10.2024. Learned counsel has further has been falsely implicated into the FIR in question registered on 16.10.2024 and no specific suspect in the said FIR. The petitioner did not participate in any offence as alleged in the aforesaid FIR. Learned counsel has iterated that t the instant FIR bearing No.526 was registered on 3333 sident. of Village Khanchroli, Police Station Salhawas, District Jhajjar. Thereafter, the weapons kept there were checked and lying four pistols and one revolver and five and 21 live cartridges, on the base of which, KF 7.65 is written and 5 live cartridges, on the base of which, 7.612 25 SB is written and 9 other live cartridges, on the base of which, 32 SW LONG WAD CUT G.F.L. is written, lying on the table were recovered. The separate sketches d live cartridges have been prepared on separate pages and the separate sketches of recovered pistols and one revolver have also been prepared and measured the same. The length of barrel of first pistol along with slide is 19.7 CM, length of handle (Butt) is 9.5 CM, whereupon, number 'one' was assigned with the marker and put with magazine into a plastic box and sealed the plastic box with stamp AK. Thereafter, the second pistol was measured. The length of slide is 14 CM, length of handle (Butt) is 8.6 CM, whereupon, number 'two' was assigned with the marker and put the pistol along with magazine into a plastic box and sealed the plastic box Thereafter, the third pistol was measured. The length of barrel of third pistol along with slide is 14 CM, length of handle (Butt) is 8.6 CM, whereupon, number 'three' was assigned with the marker and put with magazine into a plastic box and sealed the plastic box , the fourth pistol was measured. The length of barrel of fourth pistol along with slide is 14 CM, length of handle (Butt) is whereupon, number four' was assigned with the marker and put the pistol along with magazine into a plastic box and sealed the plastic box Thereafter, the revolver was measured. The length of barrel of revolver is 6 CM, length of body is 9.7 CM and length of handle (Butt) is 8.0 CM. Regarding the recovered weapons and live cartridges, ns were demanded license but none of them could produce any license. As per the information given by the secret discussions by me from outside the office and recovered illegal weapons, the commission of offence under section 10(4), 310(5), 111(2b) BNS and Section 256 A. Act is found. Therefore, by hand through Constable Harish Kumar registration of case. After registration, case number be informed and send the other investigation officers for further investigation companion employees along with the above said nabbed accused persons is busy in investigation on the spot. Today at Village Nakhdola, District Gurugram.” Learned counsel for the petitioner has iterated that the petitioner is Learned counsel has further iterated that the FIR in question. Initially one FIR registered on 16.10.2024 and no specific suspect had been named participate in any offence as alleged in Learned counsel has iterated that thereafter, second FIR, i.e., 26 was registered on 17.10.2024 on the allegations 3333 Salhawas, kept there were checked and lying four pistols and one revolver and five is written 7.612 25 SB is written and 9 other live cartridges, on the base of which, 32 SW LONG WAD CUT G.F.L. is written, lying on the table were recovered. The separate sketches d live cartridges have been prepared on separate pages and the separate sketches of recovered pistols and one revolver have also been prepared and measured the same. The length of is 9.5 CM, whereupon, number 'one' was assigned with the marker and put with magazine into a plastic box and sealed the plastic box with stamp AK. Thereafter, the second pistol was measured. The length of slide is 14 CM, length of handle (Butt) is 8.6 CM, whereupon, number 'two' was assigned with the marker and put box and sealed the plastic box th of barrel of third pistol along with slide is 14 CM, length of handle (Butt) is 8.6 CM, whereupon, number 'three' was assigned with the marker and put with magazine into a plastic box and sealed the plastic box , the fourth pistol was measured. The length of barrel of fourth pistol along with slide is 14 CM, length of handle (Butt) is whereupon, number four' was assigned with the marker and put the plastic box Thereafter, the revolver was measured. The length of barrel of revolver is 6 CM, length of body is 9.7 CM and length of handle (Butt) is 8.0 CM. Regarding the recovered weapons and live cartridges, them could produce any license. As per the information given by the secret discussions by me from outside the office and recovered illegal weapons, the commission of offence under section Act is found. Therefore, by hand through Constable Harish Kumar registration of case. After registration, case number be further investigation companion employees along with the above said Today at is that the Initially one FIR named participate in any offence as alleged in , 17.10.2024 on the allegations MAHAVIR SINGH 2025.08.22 09:28 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39155 39155 39155 39155---- that the petitioner and others were making preparations complainant in the earlier FIR, which led to their arrest. further iterated with the alleged crime. further iterated with the alleged crime. from his allegations in the first FIR and the said FIR stands quashed on the basis of compromise by this Court vide order dated 19.12.2024. counsel has further argued that on the complaint made by Mahesh Sharma, the (present FIR), registered against the mandate o in P.P. Antony Vs. State of Haryana P.P. Antony Vs. State of Haryana P.P. Antony Vs. State of Haryana P.P. Antony Vs. State of Haryana further iterated that the petitioner is in custody regular bail is prayed for 4. that the allegations raised the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record Court today, which 5. the available records of the case. 6. investigation was carried out and challan was presented on 15 prosecution examined till date. time. This Court does ----2025 2025 2025 2025 petitioner and others were making preparations complainant in the earlier FIR, which led to their arrest. further iterated that there is no substantial eviden with the alleged crime. He has argued that even his allegations in the first FIR and the said FIR stands quashed on the compromise by this Court vide order dated 19.12.2024. counsel has further argued that, once the FIR on the complaint made by Mahesh Sharma, the (present FIR), in which the petitioner has been implicated registered against the mandate of law as laid down by P.P. Antony Vs. State of Haryana P.P. Antony Vs. State of Haryana P.P. Antony Vs. State of Haryana P.P. Antony Vs. State of Haryana (2001) 6 SCC 181. (2001) 6 SCC 181. (2001) 6 SCC 181. (2001) 6 SCC 181. further iterated that the petitioner is in custody is prayed for. Learned State counsel has opposed the present petition that the allegations raised against the petitioner the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody ce , which is taken on record. 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. It is indubitable that the conclusion of trial will take This Court does not deem it appropriate to delve deep into these rival 4444 petitioner and others were making preparations for abducting the complainant in the earlier FIR, which led to their arrest. Learned counsel has that there is no substantial evidence to connect the petitioner He has argued that even, the complainant has retracted his allegations in the first FIR and the said FIR stands quashed on the compromise by this Court vide order dated 19.12.2024. Learned , once the FIR No.525 already stood registered on the complaint made by Mahesh Sharma, the subsequent FIR No.526 in which the petitioner has been implicated as accused, has been f law as laid down by Hon’ble Supreme Court (2001) 6 SCC 181. (2001) 6 SCC 181. (2001) 6 SCC 181. (2001) 6 SCC 181. Learned counsel has further iterated that the petitioner is in custody for more than 10 months. Thus, has opposed the present petition by arguing against the petitioner are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State custody certificate dated 20.08.2025, in the rival parties and have gone through The petitioner was arrested on 17.10.2024 whereinafter investigation was carried out and challan was presented on 17.12.2024. Total , out of which only 03 have been that the conclusion of trial will take some deem it appropriate to delve deep into these rival 4444 for abducting the Learned counsel has petitioner , the complainant has retracted his allegations in the first FIR and the said FIR stands quashed on the Learned No.525 already stood registered subsequent FIR No.526 as accused, has been Hon’ble Supreme Court Learned counsel has Thus, arguing are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State the parties and have gone through whereinafter Total have been some deem it appropriate to delve deep into these rival MAHAVIR SINGH 2025.08.22 09:28 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39155 39155 39155 39155---- contentions, at this been brought from the process of justice or interferin 6.1. counsel, the petitioner has already suffered incarceration for a period of months and 02 stated to be involved in ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question 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 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 Akhilesh Singh v. S Akhilesh Singh v. S Akhilesh Singh v. S Akhilesh Singh v. S of Haryana, 1998 (3) RCR (Criminal) 191. of Haryana, 1998 (3) RCR (Criminal) 191. of Haryana, 1998 (3) RCR (Criminal) 191. of Haryana, 1998 (3) RCR (Criminal) 191. 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. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concern petitioner shall remain bou ----2025 2025 2025 2025 contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding process of justice or interfering with the prosecution evidence As per custody certificate dated 20 counsel, the petitioner has already suffered incarceration for a period of 02 days. Further, as per the said custody certificate the petitioner is stated to be involved in multiple FIRs/cases. 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 Maulana Mohd. Amir Rashadi v. Maulana Mohd. Amir Rashadi v. Maulana Mohd. Amir Rashadi v. Maulana Mohd. Amir Rashadi v. 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 CRM Akhilesh Singh v. S Akhilesh Singh v. S Akhilesh Singh v. S Akhilesh Singh v. State of Haryana tate of Haryana tate of Haryana tate of Haryana, decided on 29.11.2021, and of Haryana, 1998 (3) RCR (Criminal) 191. of Haryana, 1998 (3) RCR (Criminal) 191. of Haryana, 1998 (3) RCR (Criminal) 191. 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/Duty Magistrate. However, in addition to conditions that may be imposed by the concern petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis 5555 stage, lest it may prejudice the trial. Nothing tangible has forward to indicate the likelihood of the petitioner absconding with the prosecution evidence. 20.08.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 10 . Further, as per the said custody certificate the petitioner is However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the 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 Maulana Mohd. Amir Rashadi v. Maulana Mohd. Amir Rashadi v. Maulana Mohd. Amir Rashadi v. Maulana Mohd. Amir Rashadi v. State of U.P. and State of U.P. and State of U.P. and 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-M No.38822-2022 titled as , decided on 29.11.2021, and Balraj v. State Balraj v. State Balraj v. State Balraj v. State Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. e, 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 Magistrate, the nd by the following conditions: The petitioner shall not mis-use the liberty granted. 5555 stage, lest it may prejudice the trial. Nothing tangible has forward to indicate the likelihood of the petitioner absconding filed by learned State 10 . Further, as per the said custody certificate the petitioner is However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the 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 State of U.P. and State of U.P. and State of U.P. and 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 2022 titled as Balraj v. State Balraj v. State Balraj v. State Balraj v. State Suffice to say, further detention of the petitioner as an undertrial is e, 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 ed CJM/Duty Magistrate, the MAHAVIR SINGH 2025.08.22 09:28 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39155 39155 39155 39155---- 8. 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 9. 10. opinion on the merits of the case. 11. application, if any, shall als 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 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 petitioner. 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 and 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 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 of bail of the petitioner. Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous o 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 and prior 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 Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.22 09:28 I attest to the accuracy and authenticity of this order/ judgment