CRM-M-60334-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 CRM-M-60334-2025 Date of Decision: 22.07.2026 SANTOSH RAJORIYA ....Petitioner VERSUS STATE OF HARYANA ....Respondents(s) CORAM : HON’BLE MR. JUSTICE ALOK JAIN Present : Mr. Aditya Sanghi, Advocate for the petitioner. Ms. Swati Batra, Sr. DAG, Haryana. ALOK JAIN, J. (Oral) 1. The present second petition has been filed praying for grant of regular bail to the petitioner in case FIR No.208 dated 21.05.2019, under Sections 420, 406, 506, 34 of IPC registered at Police Station Hisar City, District Hisar, Haryana. 2. On 07.07.2026, this Court had passed the following order:- “Learned State counsel has filed the custody certificate, which is taken on record. Further, learned counsel has apprised the Court that the complainant was present for getting her testimony recorded on 21.05.2025 and 02.06.2026. It is further submitted that the complainant could not be examined on 11.06.2026 as she had moved an exemption application from her personal appearance. Now, the matter is fixed before the learned trial Court for 09.07.2026. At this stage, the complainant who is present in person has stated that she will appear on 09.07.2026 to get her testimony recorded. DEEPAK PATWAL 2026.07.23 10:29 I attest to the accuracy and integrity of this document CRM-M-60334-2025 2 Learned proxy counsel appearing on behalf of the complainant seeks an adjournment on the ground that the arguing counsel is in personal difficulty. Adjourned to 22.07.2026. In the meantime, learned trial Court shall make positive endeavour to complete the testimony of the complainant.” 3. Learned counsel for the petitioner has placed on record concerned zimni orders demonstrating that complainant absented herself on two occasions and is purposefully procrastinating the trial. 4. At this stage, Mr. Amit Chaudhary, Advocate has put in appearance on behalf of the complainant and submits that in fact the complainant was suffering from medical ailments due to which she could not come present. It is apposite to mention that the zimni order dated 09.07.2026 does not record any such reason and in fact it was in the order dated 14.07.2025 wherein it has been recorded that the complainant was suffering from Typhoid. It is apparent from the conduct of the complainant that she continues to procrastinate the trial which violates the fundamental right of the petitioner as envisaged Article 21 of the Constitution of India. 5. Learned State counsel has also filed custody certificate and as per which, petitioner is in custody for last 01 year 03 months 19 days. 6. Heard learned counsel for the parties at length and have gone through the record carefully. 7. Considering the fact that petitioner is in custody for last 01 year 03 months 19 days, though the petitioner initially absconded from the process of law for quite some time but having the fact that the complainant DEEPAK PATWAL 2026.07.23 10:29 I attest to the accuracy and integrity of this document CRM-M-60334-2025 3 is also procrastinating the trial coupled with the fact that trial is likely to take time, therefore, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail. 8. In light of above, without commenting upon the merits of the case, the present petition stands allowed and the petitioner is ordered to be released on bail, if not required in any other case, on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, be released on the following conditions: i. The petitioner shall declare his ordinary place of residence and the mobile number used by him. ii. The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence. iii. The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned. iv. The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said effect before being released. The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023. DEEPAK PATWAL 2026.07.23 10:29 I attest to the accuracy and integrity of this document CRM-M-60334-2025 4 9. However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and this order shall not be considered as parity qua any other co-accused in any manner whatsoever. 10. It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State as well as counsel for the complainant is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. 11. Pending application(s), if any, shall stand disposed of. (ALOK JAIN) 22.07.2026 JUDGE Deepak Patwal 1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No DEEPAK PATWAL 2026.07.23 10:29 I attest to the accuracy and integrity of this document