Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 27293 (PNJ)

JYOTI v. STATE OF HARYANA

CRM-M/35348/2026 · 2026-07-09

Virinder Aggarwal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-35348-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (225) CRM-M-35348-2026 (O&M) Date of Decision:09.07.2026 JYOTI (wrongly mentioned as Jyoty in the petition) … Petitioner Versus STATE OF HARYANA ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Manpreet Singh Kanda, Advocate for the petitioner. Mr. Karan Veer Singh, Sr. DAG, Haryana. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present petition, being the first under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), has been filed by the petitioner seeking the concession of regular bail in FIR No. 554 dated 19.11.2025 (Annexure P-1), registered under Sections 110, 115, 123, 3(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 308, 321, 328, 34 and 506 of the Indian Penal Code, 1860), at Police Station City Sirsa, District Sirsa. 2. Briefly stated, the aforesaid FIR came to be registered on the statement of a minor prosecutrix, who alleged that while travelling to school she developed acquaintance with two sisters, namely Janvi and GAURAV SOROT 2026.07.09 17:20 I attest to the accuracy and integrity of this document CRM-M-35348-2026 (O&M) -:2:- Mannu, who allegedly induced her to consume intoxicating tablets, resulting in her becoming addicted thereto. It is further alleged that after leaving her parental home, she came into contact with the present petitioner and other co-accused near Civil Hospital, Sirsa, who allegedly supplied her with intoxicants, compelled her to sell the same, subjected her to physical assault upon her refusal, and threatened her with dire consequences. According to the prosecution, the petitioner and the other accused were engaged in supplying intoxicants to drug addicts in the vicinity of Civil Hospital, Sirsa, and continued to provide intoxicants to the prosecutrix even during her treatment. The prosecutrix further alleged that she was threatened that in case she refused to sell the intoxicants, she would be sold for a sum of 30,000/-. On the basis of the aforesaid ₹ allegations, the present FIR came to be registered. 3. Notice of motion. 4. Mr. Karan Veer Singh, learned Senior Deputy Advocate General, Haryana, accepts notice on behalf of the respondent-State and has filed the custody certificate, which is taken on record, subject to all just exceptions. Learned State counsel opposes the prayer for grant of regular bail and submits that, in view of the seriousness of the allegations, the petitioner does not deserve the concession of regular bail. Accordingly, he prays for dismissal of the present petition. 5. I have heard learned counsel for the parties and have carefully perused the paper book with their able assistance. 6. Having considered the rival submissions and the material available on record, this Court finds that the petitioner has remained in judicial custody for more than 7 months and 15 days. The charges were GAURAV SOROT 2026.07.09 17:20 I attest to the accuracy and integrity of this document CRM-M-35348-2026 (O&M) -:3:- framed in March, 2026; however, till date, no prosecution witness has been examined. Thus, the trial has not commenced in its true sense and is likely to consume considerable time before reaching its logical conclusion. Keeping in view the period of incarceration already undergone by the petitioner, her young age, and the settled principle that pre-trial detention should not assume the character of punitive incarceration, this Court is of the considered opinion that no useful purpose would be served by prolonging her custody pending trial. Accordingly, without expressing any opinion on the merits of the case, the petitioner is held entitled to the concession of regular bail. 6.1. Consequently, the present petition is allowed and the petitioner is ordered to be released on regular bail, subject to her furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, as the case may be, and subject to the following conditions:- i. The petitioner(s) shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the Investigating Agency. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, GAURAV SOROT 2026.07.09 17:20 I attest to the accuracy and integrity of this document CRM-M-35348-2026 (O&M) -:4:- the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. v. The petitioner(s) shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, the Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law. vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of GAURAV SOROT 2026.07.09 17:20 I attest to the accuracy and integrity of this document CRM-M-35348-2026 (O&M) -:5:- any of the aforesaid conditions or unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of bail and issuance of appropriate coercive process, including warrants of arrest. 7. In view of the final adjudication of the principal matter, all pending miscellaneous applications, if any, arising therefrom or ancillary thereto, shall also stand disposed of. No separate order is called for in respect thereof. ( VIRINDER AGGARWAL) 09.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.09 17:20 I attest to the accuracy and integrity of this document