CRM-M No.16698 of 2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 CRM-M No.16698 of 2026 (O&M) Date of Decision: 16.07.2026 Jitender @ Hari Om @ Jitender Kumar Yadav ......Petitioner Versus State of Haryana ...... Respondent CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present: Mr. Sandeep Kumar Yadav, Advocate for the petitioner. Ms. Deepali Verma, AAG, Haryana. Mr. Shubham Aneja, Advocate for Mr. Mukesh Rao, Advocate for complainant. SURYA PARTAP SINGH , J . (Oral) : This petition for bail is the first petition, filed by the petitioner under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.250 dated 10.10.2025, for the commission of offence punishable under Sections 115, 126(2), 190, 191(2), 351(3), 117(2), 109(1) and 304 of Bharatiya Nyaya Sanhita, 2023, Police Station Sadar Narnaul, District Mahendergarh. 2. The abovementioned FIR came into being at the instance of ‘Bijesh Bai’, hereinafter being referred to as ‘complainant’ only. It was stated by the above named complainant that on 03.10.2025 at about 11.00 A.M. when she was going towards her home near her old house she was waylaid by a group of assailants comprising of ‘Sunita’, ‘Priyanka’, ‘Sapna’, ‘Kewal’, MANOJ KUMAR 2026.07.17 08:52 I attest to the accuracy and authenticity of this document CRM-M No.16698 of 2026 (O&M) 2 ‘Savita’ and ‘Hari Om’ (petitioner herein) and few other persons. According to complainant, they all were armed with various weapons such as steel rods, steel bars, sticks and the petitioner was armed with an axe. According to complainant, they all launched an attack upon her and inflicted various injuries on her person. 3. It is the case of the prosecution that in view of abovementioned statement, formal FIR of this case was lodged and the investigation taken up. According to prosecution during the course of investigation one axe was recovered from the possession of petitioner. 4. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. Replies filed on behalf of the respondents are already on record. 5. Heard. 6. It has been contended by learned counsel for the petitioner that there is a delay of more than 7 days in recording the FIR. According to petitioner, although there is allegation of the prosecution that an axe was used by the petitioner at the time of commission of offence, but the medico-legal report of the injured shows that any injury with sharp edged weapon was not inflicted on the person of complainant. It has also been contended by learned counsel for the petitioner that trial is taking place at a slow pace as despite lapse of more than 8 months charge in this case has not been framed. 7. The learned State counsel being assisted by learned counsel for the complainant has controverted the above mentioned arguments. It has been contended by the learned State counsel that there is very specific allegation MANOJ KUMAR 2026.07.17 08:52 I attest to the accuracy and authenticity of this document CRM-M No.16698 of 2026 (O&M) 3 against the petitioner that the petitioner was carrying an axe at the time of incident, and that pursuant to details provided by the petitioner, the axe, which was used at the time of commission of offence, has been recovered. It has further been contended by the learned State counsel that the total custody period of the petitioner is more than 8 months, and that the above mentioned period cannot be treated to be a period of prolonged incarceration, which may invite concession of bail to the petitioner on the ground of delay in trial. 8. The record has been perused carefully. 9. A perusal of the record shows that following are the relevant factors which are required to be taken into consideration for a decision in the present petition:- i) that the petitioner is in custody for a period of more than eight months and eleven days; ii) that although the petitioner was prosecuted for a case under Sections 399/402 IPC in the past, but he has already been acquitted in the abovesaid case. Otherwise the petitioner has clean antecedents; iii) that as per prosecution case the petitioner was carrying a sharp edged weapon at the time of incident, but no such injury with any sharp edged weapon was inflicted on the person of complainant; iv) that the investigation in this case is already complete, and therefore, nothing has been left to be recovered from the MANOJ KUMAR 2026.07.17 08:52 I attest to the accuracy and authenticity of this document CRM-M No.16698 of 2026 (O&M) 4 possession of petitioner; v) that the trial is not likely to be concluded in near future; vi) that detention of petitioner in judicial lock-up is not likely to serve any purpose; vii) that there is nothing on record to show that if released on bail, the petitioner may tamper with the evidence or influence the witnesses; viii) that there is nothing on record to show that if released on bail, the petitioner will not co-operate/participate in the trial. 10. In the present case, the principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Dataram versus State of Uttar Pradesh and another’, (2018) 3 SCC 22, are relevant, wherein it has been observed that “a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal MANOJ KUMAR 2026.07.17 08:52 I attest to the accuracy and authenticity of this document CRM-M No.16698 of 2026 (O&M) 5 jurisprudence or to our society. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case”. 11. The principles laid down by the Hon’ble the Supreme Court of India in the case of ‘Satender Kumar Antil v. Central Bureau of Investigation’ (2022) 10 SCC 51 are also relevant in this case. In the abovementioned case, it has been observed that “the rate of conviction in criminal cases in India is abysmally low. It appears to us that this factor weighs on the mind of the Court while deciding the bail applications in a negative sense. Courts tend to think that the possibility of a conviction being nearer to rarity, bail applications will have to be decided strictly, contrary to legal principles. We cannot mix up consideration of a bail application, which is not punitive in nature with that of a possible adjudication by way of trial. On the contrary, an ultimate acquittal with continued custody would be a case of grave injustice”. 12. Recently, in the case of ‘Tapas Kumar Palit Vs. State of Chhattisgarh’, 2025 SCC Online SC 322, the Hon’ble Supreme Court of India has observed that “if an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been infringed”. It has also been observed by the Hon’ble Supreme Court of MANOJ KUMAR 2026.07.17 08:52 I attest to the accuracy and authenticity of this document CRM-M No.16698 of 2026 (O&M) 6 India in the abovementioned case that “delays are bad for the accused and extremely bad for the victims, for Indian society and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently”. 13. To elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to an undertrial prisoner, as mandated by Hon’ble Apex court in ‘Balwinder Singh versus State of Punjab and another’ 2024 SCC Online SC 4354. 14. Taking into consideration the cumulative effect of all the aforesaid factors, it is hereby held that the petitioner is entitled to the concession of bail, and that the present petition deserves to be allowed. 15. Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed. The petitioner is hereby ordered to be released on bail on furnishing personal bond and surety bond(s) to the satisfaction of learned trial Court. However, the abovesaid benefit shall be subject to following conditions:- i) that 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 other authority; ii) that the petitioner shall at the time of execution of bond, furnish MANOJ KUMAR 2026.07.17 08:52 I attest to the accuracy and authenticity of this document CRM-M No.16698 of 2026 (O&M) 7 the address to the Court concerned and shall notify the change in address to the trial Court, till the final decision of the trial; and iii) that the petitioner shall not leave India without prior permission of trial Court. 16. It is, however, made clear that any observation made hereinabove is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. (SURYA PARTAP SINGH) JUDGE 16.07.2026 Manoj Bhutani Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2026.07.17 08:52 I attest to the accuracy and authenticity of this document