CRM-M-14114-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 227 CRM-M-14114-2026 Decided on : 22.07.2026 Ashu . . . Petitioner(s) Versus State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Neeraj Kumar, Advocate for the petitioner(s). Mr. Pawan Kumar Garg, AAG, Haryana. **** SANJAY VASHISTH, J. (Oral) 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Ashu 173 02.12.2025 121(1), 221, 132, 109(1), 61(2), 318(4) of BNS and 61(1) A-4- 20 HEX Act (read with under Sections 332, 186, 353, 307, 120-B, 420 and 120-A IPC) Bond Kalan Charkhi Dadri 2. On receipt of secret information that one Ashu in Swift Car bearing registration No. HR-90B-3138 and Harish @ Tinku in Creta Car bearing registration No. UK-07BX-4349 are today bringing liquor illegally from Chandigarh, to further take it to Gujarat and Rajathan and then to sell it at higher prices. By relying upon the information, police naka was installed and after some REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-14114-2026 2 time both the vehicles were noticed coming. The relevant part of the FIR in that regard, reads as under: “After some time, two vehicles, one Creta UK 07 BX 4349 and the other Swift HR-90B 3138, both vehicles were seen coming from Khairdi Mod towards Bond Kalan. With the help of the staff at the check post, we tried to stop both the vehicles, but the driver of Creta UK 07 BX 4349 drove his vehicle at a high speed and hit us directly with the intention of killing us. We saved our lives by running behind the vehicle. The driver of the Creta car, which was on the conductor's side, was on the left-hand side of C. Dinesh. We tried to stop him by hitting the main windshield and the driver's side windshield with sticks, but the Creta driver ran back towards Kherdi. Meanwhile, the driver of another car, Swift No. HR- 90B 3138, drove his car straight towards us with the intention of killing us. We immediately moved to the side to save ourselves and hit the front windshield of the car with sticks to stop the car. When the Swift driver tried to turn diagonally on the road, the rear windshield of the car hit the barricade. The rear window shattered, and the vehicle stopped. With the help of a. fellow employee, I overpowered the Swift driver and parked the vehicle on the side. I instructed all the officers to follow the Creta and both vehicles. I personally stopped at the scene with the accused. When I asked the man's name and address, he gave his name as Ashu, son of Nafe Singh, resident of Baroda, Jind district. Upon opening the vehicle and checking it, I found it filled with open bottles and cartons of foreign liquor. When I asked for a liquor license or permit, the man could not produce any documents. He stated that he had brought the liquor from Chandigarh at the behest of Rahul, son of Pratap, resident of Dhana Jogi. After a long time, when I contacted SI Captain Singh, he informed me that the vehicle, Creta No. UK 07 BX 4349, and its driver, Harish alias Tinku, son of Vinod, a resident of Boand Kalan, had been apprehended at the Buchavas toll. The Creta was loaded with foreign liquor. After a long wait, SI Kaptain Singh arrived at the scene with his colleagues and handed over the vehicle, Creta No. UK 07 BX 4349, along with the liquor, and the Creta driver to me. The driver has been taken into custody. When I asked the Creta driver his name and address, he gave his details name Harish alias Tinku son of Vinod resident of Baund Kalan told that when the license and permit was asked for the liquor loaded in the vehicle, the said person could not produce any documents regarding the liquor and told that he brings this liquor from Chandigarh on the instructions of Rahul son of Pratap resident of Dhana Jogi and this car Creta also belongs to Rahul. After that I sent constable Dinesh 885/Dadri who was injured in the government REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-14114-2026 3 vehicle to General Hospital Baund Kalan for treatment and I called Excise Inspector Satbir Singh 7082065610 from my mobile number 7852884192 and requested him to reach the spot and SEEN OF CRIME TEAM was informed to reach the spot.” 3. Learned counsel for the petitioner argues that petitioner has been falsely involved in the case, whereas nothing is recovered from his possession. He further submits that there is no independent witness joined at the time of the recovery or even at the time of arrest of the petitioner, despite there being a prior information. Moreover, by concocting the version, petitioner was arrested and he is inside jail for the last more than period of 07 months and 18 days (since 02.12.2025). Theefore, culmination of trial would likely to take considerable time. Thus, prays for grant of concession of regular bail. 4. On the other hand, learned State counsel has produced the custody certificate dated 19.07.2026 in Court today, which is taken on record. Office is directed to tag the same at the appropriate place. 5. Learned State counsel, while opposing the prayer for bail, submits that Swift car with which accused tried to hit the police officials is owned by the present petitioner-Ashu, who is its registered owner. Upon recovery of the said vehicle, it was released on superdari on the basis of GPA; however, same vehicle was again found to be used liquor smuggling, as is the case here. He further submits that apart this, from the Creta vehicle 325 bottles of Old Monk Rum and 18 quarters of All Seasons Whisky were recovered. Therefore, he submits that there being huge recovery, petitioner does not deserve any concessional relief of bail. Thus, prays for dismissal of the present petition. 6. I have heard learned counsel for the parties and perused the relevant REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-14114-2026 4 material available on record with their able assistance 7. From the Medico Legal Examination dated 02.12.2025 of Constable Dinesh, only one injury was noticed by the doctor i.e. Pain and Swelling present on left hand wrist joint, Adv. Ortho opinion. It is on this account, coupled with the allegation of an attempt to hit the police official, that the offence under Section 109 IPC was added in the case. As of now, the petitioner has remained inside jail for the last more than a period of 07 months and 18 days (uptill 19.07.2026). As per custody certificate, there is one more case registered against the petitioner i.e. FIR No. 187/2024 dated 23.08.2024 under Section 318(4) of BNS registered at Police Station Badhra, Charkhi Dadri. 8. Moreover, co-accused Sachin has been released on bail vide order dated 15.12.2025 passed by learned Judicial Magistrate 1st Class, Charkhi Dadri. Recovery of the liquor already stands effected by the investigating agency. No other case is found registered against the petitioner earlier in time under the Excise Act. Moreover, the allegations are yet to be proved and further custodial interrogation/detention of the petitioner is not likely to serve any meaningful purpose. 9. Accordingly, without commenting upon the merits of the case, and keeping in view the overall facts and circumstances, nature of allegations, period of incarceration already undergone, and the stage of trial, this Court deems it a fit case for grant of regular bail to the petitioner. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh CRM-M-14114-2026 5 10. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 11. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 12. Petition stands disposed of. Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE July 22, 2026 reena Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh