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High Court of Punjab and Haryana · body

2026 DAILYLAW 3253 (PNJ)

SAHIL v. STATE OF HARYANA

CRM-M/23391/2026 · 2026-05-01

Aaradhna Sawhney

body2026

Judgment text

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CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 211 Sahil v. State of Haryana CORAM: Present: AARADHNA SAWHNEY, J. (Oral) 1. registered against him under Sections and Section 6 of POCSO Act, Bhiwani, has filed present petition under Section 483 of BNSS. 2. noticed hereinbelow complaint made by came in contact with one Ankit, son of Bittu, resident of village Baliyali. She also disclosed her and his mobile number. She next stated that she and Ankit initially started started enquiring about her family members. Around two and half months -23391-2026 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH State of Haryana CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY. Mr. Sandeep Gahlawat, Advocate for the petitioner. Mr. Vishal Singh, AAG, Haryana **** AARADHNA SAWHNEY, J. (Oral) Petitioner, an accused in case FIR No. registered against him under Sections 78, 79, 70(1), 332(B), 351(2) of BNS and Section 6 of POCSO Act, at Police Station , has filed present petition under Section 483 of BNSS. Relevant facts as emerging from documents o noticed hereinbelow:- Criminal proceedings were set into motion on 21.9.2024 on a complaint made by XXX, who pointed therein that about 2 years ago, she came in contact with one Ankit, son of Bittu, resident of village Baliyali. She also disclosed her and his mobile number. She next stated that she and Ankit initially started conversing with each other. started enquiring about her family members. Around two and half months 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23391-2026 Date of Decision: 01.05.2026 …Petitioner. …Respondent. HON’BLE MS. JUSTICE AARADHNA SAWHNEY. , Advocate for the petitioner. Haryana. Petitioner, an accused in case FIR No. 298 dated 21.09.202 78, 79, 70(1), 332(B), 351(2) of BNS at Police Station Bawani Khera, District , has filed present petition under Section 483 of BNSS. as emerging from documents on record be Criminal proceedings were set into motion on 21.9.2024 on a , who pointed therein that about 2 years ago, she came in contact with one Ankit, son of Bittu, resident of village Baliyali. She also disclosed her and his mobile number. She next stated that she and conversing with each other. As time passed by, he started enquiring about her family members. Around two and half months Date of Decision: 01.05.2026 .2024, 78, 79, 70(1), 332(B), 351(2) of BNS Bawani Khera, District n record be Criminal proceedings were set into motion on 21.9.2024 on a , who pointed therein that about 2 years ago, she came in contact with one Ankit, son of Bittu, resident of village Baliyali. She also disclosed her and his mobile number. She next stated that she and As time passed by, he started enquiring about her family members. Around two and half months GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- ago, Ankit enticed her to accompany him to a hotel in Bhiwani, where he violated her person and also clicked her objectionable photographs. Later he threatened he these photographs ‘viral’. She was left in her village. She next pointed out that on the occasion of Rakshabandan, her mother had gone to the house of her maternal uncle. She and her cousin (da were present at home, when Ankit and his friends, arrived at odd hours and knocked at the gate of the house. She reluctantly opened the same and noticed that Ankit and with them. They both forcibly entered the house, whereas Baljit remained standing outside in the street. Ankit and Sahil (P) told her that they have come to celebrate birthday of Ankit and that she had to cut the cake for him. When she refused, Sahil (P) that at pit Unwillingly, she cut the cake, when Ankit dictated that she would have to follow his directions violated her person, whereas Sahil (P) remained standing outside the room. Out of fear, her younger sister went in another room terrified that they did not disclose this fact to anybody. Later, on repeated asking of account of humiliat she next pointed out that all the three boys including the petitioner in conspiracy with each other had visited he done by Ankit and when they came to know about the same on 19.9.2024, they thought it appropriate to initiate criminal proceedings against Ankit and his friends, -23391-2026 -2 ago, Ankit enticed her to accompany him to a hotel in Bhiwani, where he violated her person and also clicked her objectionable photographs. Later he threatened her not to disclose the facts to anyone or else he would make these photographs ‘viral’. She was left in her village. She next pointed out that on the occasion of Rakshabandan, her mother had gone to the house of her maternal uncle. She and her cousin (da were present at home, when Ankit and his friends, arrived at odd hours and knocked at the gate of the house. She reluctantly opened the same and noticed that Ankit and ith them. They both forcibly entered the house, whereas Baljit remained standing outside in the street. Ankit and Sahil (P) told her that they have come to celebrate birthday of Ankit and that she had to cut the cake for him. When she refused, Sahil (P) threatened her with dire consequences and said itch night with no one in the house, none would come to her rescue. Unwillingly, she cut the cake, when Ankit dictated that she would have to his directions. She alleges that Ankit forced hi violated her person, whereas Sahil (P) remained standing outside the room. Out of fear, her younger sister went in another room terrified that they did not disclose this fact to anybody. Later, on repeated asking of her mother, she disclosed the entire sequence of events. But on account of humiliation, they did not initiate any action. Towards the end, she next pointed out that all the three boys including the petitioner in conspiracy with each other had visited he done by Ankit. On 25.8.2024, Ankit uploaded her photos on the ‘Instagram’ and when they came to know about the same on 19.9.2024, they thought it appropriate to initiate criminal proceedings against Ankit and his friends, 2- ago, Ankit enticed her to accompany him to a hotel in Bhiwani, where he violated her person and also clicked her objectionable photographs. Later r not to disclose the facts to anyone or else he would make these photographs ‘viral’. She was left in her village. She next pointed out that on the occasion of Rakshabandan, her mother had gone to the house of her maternal uncle. She and her cousin (daughter of her paternal uncle) were present at home, when Ankit and his friends, Sahil (P), and Baljit, all arrived at odd hours and knocked at the gate of the house. She reluctantly opened the same and noticed that Ankit and Sahil (P) were having a cake ith them. They both forcibly entered the house, whereas Baljit remained standing outside in the street. Ankit and Sahil (P) told her that they have come to celebrate birthday of Ankit and that she had to cut the cake for him. threatened her with dire consequences and said ch night with no one in the house, none would come to her rescue. Unwillingly, she cut the cake, when Ankit dictated that she would have to She alleges that Ankit forced himself on her and violated her person, whereas Sahil (P) remained standing outside the room. Out of fear, her younger sister went in another room. Two of them were so terrified that they did not disclose this fact to anybody. Later, on repeated her mother, she disclosed the entire sequence of events. But on , they did not initiate any action. Towards the end, she next pointed out that all the three boys including the petitioner in conspiracy with each other had visited her house, where wrongful act was . On 25.8.2024, Ankit uploaded her photos on the ‘Instagram’ and when they came to know about the same on 19.9.2024, they thought it appropriate to initiate criminal proceedings against Ankit and his friends, ago, Ankit enticed her to accompany him to a hotel in Bhiwani, where he violated her person and also clicked her objectionable photographs. Later r not to disclose the facts to anyone or else he would make these photographs ‘viral’. She was left in her village. She next pointed out that on the occasion of Rakshabandan, her mother had gone to the house of ughter of her paternal uncle) , all arrived at odd hours and knocked at the gate of the house. She reluctantly Sahil (P) were having a cake ith them. They both forcibly entered the house, whereas Baljit remained standing outside in the street. Ankit and Sahil (P) told her that they have come to celebrate birthday of Ankit and that she had to cut the cake for him. threatened her with dire consequences and said ch night with no one in the house, none would come to her rescue. Unwillingly, she cut the cake, when Ankit dictated that she would have to mself on her and violated her person, whereas Sahil (P) remained standing outside the room. . Two of them were so terrified that they did not disclose this fact to anybody. Later, on repeated her mother, she disclosed the entire sequence of events. But on , they did not initiate any action. Towards the end, she next pointed out that all the three boys including the petitioner in , where wrongful act was . On 25.8.2024, Ankit uploaded her photos on the ‘Instagram’ and when they came to know about the same on 19.9.2024, they thought it appropriate to initiate criminal proceedings against Ankit and his friends, GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- (Sahil (P) and Baljit). On the basis of said complaint, a formal case vide FIR No. 298 dated 21.09.2024, was registered under Sections 78, 79, 70(1), 332(B), 351(2) of BNS and Section 6 of POCSO Act, at Police Station Bawani Khera, District Bhiwani got medico legally examined from General Hospital, Bhiwani. Her vaginal swabs were sent to RFSL, Sunaria. During interrogation, he confessed to his involvement offence and got recovered a blue coloured mobile phone (make VIVO) used by him. The same was converted into a sealed parcel and was sent to CFL, Panchkula. He was also medico legally examined. Later motorcycle No. HR-16U-5952 (make P also got recovered at his instance, which was taken into police possession. He also identified the place where he had violated the person of victim in her house as also in a hotel. which indicated that she was born on 23.3.2007, meaning thereby that she was approximately 17 years of age produced before the learned Magistrate for getting her stateme under Section 183 BNSS. She was also produced before the Child Welfare Committee, where her counseling was conducted. Statements of witnesses were recorded at various stages of investigation. respects were filed against accused Ankit. who during interrogation disclosed that he -23391-2026 -3 Sahil (P) and Baljit). On the basis of said complaint, a formal case vide 298 dated 21.09.2024, was registered under Sections 78, 79, 70(1), 332(B), 351(2) of BNS and Section 6 of POCSO Act, at Police Station Bawani Khera, District Bhiwani. Investigations were set into motion, during which victim was medico legally examined from General Hospital, Bhiwani. Her vaginal swabs were sent to RFSL, Sunaria. Ankit was arrested on 21.9.2024. During interrogation, he confessed to his involvement offence and got recovered a blue coloured mobile phone (make VIVO) used by him. The same was converted into a sealed parcel and was sent to CFL, Panchkula. He was also medico legally examined. Later motorcycle No. 5952 (make Platina) used by him in the commission of offence was also got recovered at his instance, which was taken into police possession. He also identified the place where he had violated the person of victim in her house as also in a hotel. Documents pertaining to date of birth of victim were collected, which indicated that she was born on 23.3.2007, meaning thereby that she was approximately 17 years of age at the time of alleged incident produced before the learned Magistrate for getting her stateme under Section 183 BNSS. She was also produced before the Child Welfare Committee, where her counseling was conducted. Statements of witnesses were recorded at various stages of investigation. On culmination of investigation, challan comple respects were filed against accused Ankit. On 16.5.2025, Sahil @ Dani (present petitioner) was arrested, who during interrogation disclosed that he 3- Sahil (P) and Baljit). On the basis of said complaint, a formal case vide 298 dated 21.09.2024, was registered under Sections 78, 79, 70(1), 332(B), 351(2) of BNS and Section 6 of POCSO Act, at Police Station Investigations were set into motion, during which victim was medico legally examined from General Hospital, Bhiwani. Her vaginal Ankit was arrested on 21.9.2024. During interrogation, he confessed to his involvement in the commission of offence and got recovered a blue coloured mobile phone (make VIVO) used by him. The same was converted into a sealed parcel and was sent to CFL, Panchkula. He was also medico legally examined. Later motorcycle No. latina) used by him in the commission of offence was also got recovered at his instance, which was taken into police possession. He also identified the place where he had violated the person of victim in g to date of birth of victim were collected, which indicated that she was born on 23.3.2007, meaning thereby that she at the time of alleged incident. She was produced before the learned Magistrate for getting her statement recorded under Section 183 BNSS. She was also produced before the Child Welfare Committee, where her counseling was conducted. Statements of witnesses were recorded at various stages of investigation. On culmination of investigation, challan complete in all respects were filed against accused Ankit. , Sahil @ Dani (present petitioner) was arrested, who during interrogation disclosed that he along with Ankit and Baljit Sahil (P) and Baljit). On the basis of said complaint, a formal case vide 298 dated 21.09.2024, was registered under Sections 78, 79, 70(1), 332(B), 351(2) of BNS and Section 6 of POCSO Act, at Police Station Investigations were set into motion, during which victim was medico legally examined from General Hospital, Bhiwani. Her vaginal Ankit was arrested on 21.9.2024. in the commission of offence and got recovered a blue coloured mobile phone (make VIVO) used by him. The same was converted into a sealed parcel and was sent to CFL, Panchkula. He was also medico legally examined. Later motorcycle No. latina) used by him in the commission of offence was also got recovered at his instance, which was taken into police possession. He also identified the place where he had violated the person of victim in g to date of birth of victim were collected, which indicated that she was born on 23.3.2007, meaning thereby that she . She was nt recorded under Section 183 BNSS. She was also produced before the Child Welfare Committee, where her counseling was conducted. Statements of witnesses te in all , Sahil @ Dani (present petitioner) was arrested, Ankit and Baljit GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- visited the house of the victim. He (P) stood as a watch guard whil violated the person of victim. Later all the three threatened the victim with dire consequences in case she narrated the facts to her family members or initiated criminal proceedings. medico legally examined. On culmination of investigation, challan complete in all respects was filed against Sahil (P). 3. petitioner before the learned Additional Sessions Judge, Bhiwani dated 14.1.2026, 4. young boy, aged about 22 years, with clean past antecedents, has been falsely implicated in the present case on friendly terms with main accused Ankit. It is further the submission of learned counsel that the falsity of the case set up by prosecution is apparent from the fact that the victim while appearing in the witness box not support the case of the prosecution. On the request of learned PP, she was declared ‘ subjected to rigor elicited therefrom signatures on certain blank pieces of papers. Even her mother while appearing as PW13 did not stand by her initial statement given to the police authorities. even the substantiate the case of the prosecution inasmuch as after examination no -23391-2026 -4 visited the house of the victim. He (P) stood as a watch guard whil violated the person of victim. Later all the three threatened the victim with dire consequences in case she narrated the facts to her family members or initiated criminal proceedings. During the further course of investigation, he (P) was got edico legally examined. On culmination of investigation, challan complete in all respects was filed against Sahil (P). On dismissal of the second bail application filed by the petitioner before the learned Additional Sessions Judge, Bhiwani dated 14.1.2026, the present petition seeking similar relief has been filed. Learned counsel for the petitioner contends that petitioner, a young boy, aged about 22 years, with clean past antecedents, has been falsely implicated in the present case only on account of the fact that he is on friendly terms with main accused Ankit. It is further the submission of learned counsel that the falsity of the case set up by prosecution is apparent from the fact that the victim while appearing in the witness box not support the case of the prosecution. On the request of learned PP, she was declared ‘hostile’ on the ground that she is suppressing truth and subjected to rigorous cross examination, therefrom. Infact, she stated that she was made to append her signatures on certain blank pieces of papers. Even her mother while appearing as PW13 did not stand by her initial statement given to the police authorities. Learned counsel contends that apart from the ocular version, even the scientific evidence in the shape of report of FSL also does not substantiate the case of the prosecution inasmuch as after examination no 4- visited the house of the victim. He (P) stood as a watch guard while Ankit violated the person of victim. Later all the three threatened the victim with dire consequences in case she narrated the facts to her family members or During the further course of investigation, he (P) was got edico legally examined. On culmination of investigation, challan complete in all respects was filed against Sahil (P). On dismissal of the second bail application filed by the petitioner before the learned Additional Sessions Judge, Bhiwani vide order present petition seeking similar relief has been filed. Learned counsel for the petitioner contends that petitioner, a young boy, aged about 22 years, with clean past antecedents, has been ly on account of the fact that he is on friendly terms with main accused Ankit. It is further the submission of learned counsel that the falsity of the case set up by prosecution is apparent from the fact that the victim while appearing in the witness box as PW12 did not support the case of the prosecution. On the request of learned PP, she on the ground that she is suppressing truth and was s cross examination, but nothing material could be Infact, she stated that she was made to append her signatures on certain blank pieces of papers. Even her mother while appearing as PW13 did not stand by her initial statement given to the police Learned counsel contends that apart from the ocular version, scientific evidence in the shape of report of FSL also does not substantiate the case of the prosecution inasmuch as after examination no e Ankit violated the person of victim. Later all the three threatened the victim with dire consequences in case she narrated the facts to her family members or During the further course of investigation, he (P) was got edico legally examined. On culmination of investigation, challan complete On dismissal of the second bail application filed by the vide order Learned counsel for the petitioner contends that petitioner, a young boy, aged about 22 years, with clean past antecedents, has been ly on account of the fact that he is on friendly terms with main accused Ankit. It is further the submission of learned counsel that the falsity of the case set up by prosecution is apparent as PW12 did not support the case of the prosecution. On the request of learned PP, she was material could be Infact, she stated that she was made to append her signatures on certain blank pieces of papers. Even her mother while appearing as PW13 did not stand by her initial statement given to the police Learned counsel contends that apart from the ocular version, scientific evidence in the shape of report of FSL also does not substantiate the case of the prosecution inasmuch as after examination no GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- semen was detected aforesaid submissions, learned counsel contends that lenient view deserves to be taken in favour of petitioner, who has been in custody since 16.05.2025 as the same Constitution against the exception”. 4. State counsel victim being made out. the concession of justice prayed for. 5. documents 6. Court. Factors have been essence being materia to various para and gravity convicted -23391-2026 -5 semen was detected in the vaginal swabs of prose aforesaid submissions, learned counsel contends that lenient view deserves to be taken in favour of petitioner, who has been in custody since 16.05.2025, as his further incarceration would not serve any useful purpose me would not only be violative of Constitution of India, including right to the principle of “Bail is a general exception”. Prayer for allowing the petition Per contra, while opposing the counsel submits that in view of the being minor, no case for grant of out. It is further the submission learned concession of bail, the likelihood of justice by not appearing in the Court. for. Heard learned counsel for documents on record. It is settled that grant or refusal Factors to be kept in mind while been discussed by the Hon’ble Supreme being that while exercising powers to Section 483 of BNSS), the Court para meters including the nature of gravity of offence, punishments to convicted, his past antecedents etc. Thus, 5- in the vaginal swabs of prosecutrix. In the light of the aforesaid submissions, learned counsel contends that lenient view deserves to be taken in favour of petitioner, who has been in custody since further incarceration would not serve any useful purpose of his rights under Article 21 of to speedy trial but would also general rule and incarceration is ion has been made. the request for grant of bail, learned seriousness and gravity of offence, of concession of bail to petitioner learned State counsel that if extended petitioner fleeing from the process Court. Dismissal of petition has been for the parties and perused refusal of bail is the discretion of while granting the concession of bail Supreme Court in several cases. The powers under Section 439 Cr.P.C. (Pari Court has to take into consideration of the charge, evidence, seriousness be awarded to a person, if he Thus, there can be no straight jacket . In the light of the aforesaid submissions, learned counsel contends that lenient view deserves to be taken in favour of petitioner, who has been in custody since further incarceration would not serve any useful purpose the be an learned offence, petitioner is extended process been the the bail The Pari consideration seriousness he is jacket GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- formula for peculiar facts. SCC 40, had held as under: -23391-2026 -6 for exercising the discretion and each facts. Hon’ble Supreme Court in Sanjay Chandra v. CBI, (2012) 1 had held as under:- “21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a hardship. From time to time, necessity demands that some un convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, `necessity' is the operative test. In this country, it would be to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if liberty, save in the most extraordinary circumstances. 6- each case has to be examined on Sanjay Chandra v. CBI, (2012) 1 In bail applications, generally, it has been laid down times that the object of bail is to secure the appearance of the accused person at his trial by reasonable bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a it can be required to ensure that an accused person will stand his trial when called upon. The courts owe t to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some un convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, `necessity' is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. on its Sanjay Chandra v. CBI, (2012) 1 In bail applications, generally, it has been laid down times that the object of bail is to secure the appearance of the accused person at his trial by reasonable bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a it can be required to ensure that an accused person will stand his trial when called upon. The courts owe t to the principle that punishment begins after conviction, and that every man is deemed to be From the earliest times, it was appreciated that detention cause of great hardship. From time to time, necessity demands that some un- convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, `necessity' quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only left at GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- 7. by learned merits of that petitioner, extended only be violative of his rights under Article 21 of the Constitution of including right to speedy trial but would also be against the principle of “Bail is a general rule and incarceration is an exception Hon’ble Supreme Court another, 2018(2) 8. to his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The petitioner shall abide by the following conditions: -23391-2026 -7 23. Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an un-convicted person for the imprisonment as a lesson.” In view of the settled proposition learned counsel for the petitioner, but the case, lest it may prejudice the petitioner, who has been in custody the concession of bail as his (P) only be violative of his rights under Article 21 of the Constitution of including right to speedy trial but would also be against the principle of Bail is a general rule and incarceration is an exception Hon’ble Supreme Court in Dataram 2018(2) R.C.R. (Criminal) 131. Resultantly, petitioner is granted the concession of bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The petitioner shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/ intimidate the prosecution witnesses. 7- Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any t before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an convicted person for the purpose of giving him a taste of proposition of law, submissions advanced without commenting further on the trial, this Court is of the opinion custody since 16.5.2025, deserves to (P) further incarceration would not only be violative of his rights under Article 21 of the Constitution of India, including right to speedy trial but would also be against the principle of Bail is a general rule and incarceration is an exception” as held by vs. State of Uttar Pradesh and Resultantly, petitioner is granted the concession of bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The petitioner shall abide by the ioner will not tamper with the evidence during The petitioner will not pressurize/ intimidate the Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any t before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an purpose of giving him a taste of advanced the opinion be further incarceration would not India, including right to speedy trial but would also be against the principle of ” as held by and Resultantly, petitioner is granted the concession of bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The petitioner shall abide by the ioner will not tamper with the evidence during The petitioner will not pressurize/ intimidate the GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- 9. that in case there is any breach of the aforesaid conditions, the State sh at liberty to seek cancellation of bail as granted to the petitioner by this order. 10. herein are limited for the purpose of present proceedings and would not be -23391-2026 -8 (iii) The petitioner shall surrender his passport before the learned trial court and shall not leave the country withou permission of the trial Court. (iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner. (vi) The petitioner shall not in any manner misuse hi (vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. (viii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. Accordingly, the present petition is allowed and it is made clear that in case there is any breach of the aforesaid conditions, the State sh at liberty to seek cancellation of bail as granted to the petitioner by this In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be 8- The petitioner shall surrender his passport before the learned trial court and shall not leave the country without prior permission of the trial Court. The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which The petitioner shall not directly or indirectly coerce, eaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the The petitioner shall not in any manner misuse his liberty. The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of l Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the Accordingly, the present petition is allowed and it is made clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be The petitioner shall surrender his passport before the t prior The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which The petitioner shall not directly or indirectly coerce, eaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the s liberty. The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, same shall be done only with prior intimation to the learned Trial The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of l Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the Accordingly, the present petition is allowed and it is made clear all be at liberty to seek cancellation of bail as granted to the petitioner by this In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document CRM-M- construed as an opin independently of the aforesaid observations. 01.05.2026 gbs -23391-2026 -9 construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. 01.05.2026 Whether Speaking/reasoned Whether Reportable 9- ion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No ion on the merits of the case and the trial would proceed (AARADHNA SAWHNEY) GURBACHAN SINGH 2026.05.05 10:16 I attest to the accuracy and integrity of this document