CRM-M-37501-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229 CRM-M-37501-2026 Date of decision : 03.09.2026 Date of uploading : 03.09.2026 Tarsem ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vivek Aggarwal, Advocate for the petitioner. Ms. Priyanka Sadar, Senior DAG, Haryana. Mr. Tarun Sharma, Advocate for the complainant. --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.0190 dated 18.05.2026 under Sections 115, 118(1), 125(a), 127(2), 281 and 351(2) of BNS (Sections 118(2) and 109(1) of BNS added later on), registered at Police Station Krishna Gate, Thanesar, District Kurukshetra. 2. Learned counsel for the petitioner has argued that the petitioner is in custody since 18.05.2026. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the FIR in question is essentially a fallout of a roadside dispute/scuffle. Learned counsel has further submitted that upon culmination of investigation qua the JATIN 2026.09.03 17:31 I attest to the accuracy and integrity of this document CRM-M-37501-2026 -2- petitioner, challan already stands filed and the conclusion of trial will take long time. Learned counsel has further iterated that the petitioner is a man aged about 31 years with no criminal antecedents. Thus, regular bail is prayed for. 3. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and thus the petitioner does not deserve the concession of regular bail. Learned State counsel seeks to place on record custody certificate dated 24.08.2026 in Court, which is taken on record. 4 Per contra, learned counsel for the complainant has vehemently opposed the grant of regular bail to the petitioner by arguing that the allegations raised against the petitioner are direct/serious in nature. Learned counsel has further submitted that the prime prosecution witness including the injured witness, are yet to be examined. Learned counsel has further submitted that there is accentuated threat perception to the complainant side in case the petitioner is released on bail. 5. I have heard counsels for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 18.05.2026 wherein after investigation was carried out and challan stands presented on 13.08.2026. Total 20 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. Keeping in view the entirety of the factual milieu of the case in hand; especially the factum that, upon culmination of investigation, challan already stands filed; the injured has been discharged from the hospital after receiving the requisite medical treatment; the JATIN 2026.09.03 17:31 I attest to the accuracy and integrity of this document CRM-M-37501-2026 -3- petitioner is a man aged about 31 years with no criminal antecedents; and the trial is not likely to culminate in the near future, this Court is inclined to grant regular bail to the petitioner. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 24.08.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 03 months and 03 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the JATIN 2026.09.03 17:31 I attest to the accuracy and integrity of this document CRM-M-37501-2026 -4- Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 03.09.2026 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2026.09.03 17:31 I attest to the accuracy and integrity of this document