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2026 DAILYLAW 37086 (PNJ)

LOVEPREET SINGH v. STATE OF HARYANA

CRM-M/42280/2026 · 2026-09-03

Sumeet Goel

body2026

Judgment text

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1 CRM-M-42280-2026 245 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42280-2026 Lovepreet Singh ….Petitioner Versus State of Haryana …Respondent Date of Decision: 03.09.2026 Date of Uploading:05.09.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Nikhil Batta, Advocate for the petitioner. (through V.C.) Mr. Deepak Grewal, DAG, Haryana. Mr. Abhijeet Chaudhary, Advocate for complainant. ***** SUMEET GOEL, J. (ORAL) Present petition has been filed under Section 483 of the BNSS seeking regular bail to the petitioner, in case bearing FIR No. 454 dated 01.12.2025, registered for the offences punishable under Sections 316 (2), 318(4), 61(2), 336(3), 338, 340(2), 303(2) and 317(2) of BNS (Corresponding Sections 406, 420, 120-B and 468, 467, 471 404 and 411 of IPC, at Police Station Saran, Taraori, Karnal. 2. The FIR in question pertains to theft of milk. 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 17.04.2026. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel for the petitioner has drawn the attention to the reply filed by the learned counsel for KAMAL GANDHI 2026.09.05 12:27 I attest to the accuracy and integrity of this document 2 CRM-M-42280-2026 the State, by way of an affidavit dated 24.08.2026 and counsel for the petitoenr has drawn specific attention to the paragraph of the reply, which reads as under:- Role of the petitioner-accused That the specific and active role was attributed to the petitioner along with other co-accused. It is submitted that the petitioner is collusion with other co-accused had committed cheating/criminal breach of trust regarding 260 liters milk amount to Rs. 1,13,000/- The role of the petitioner is grave and serios in nature. 4. Learned counsel for the petitioner has further urged that the challan (upon culmination of investigation) already stands filed. Learned counsel for the petitioner further urged that the even as per the State’s stand before this Court, the petitioner is accused of committing an offence pertaining to theft/cheating etc. pertaining to 260 liters of milk. Learned counsel has further urged that the petitioner is in custody for more than 04 months 14 days and is a man with clean antecedents. Thus, regular bail is prayed for. 5. Learned State counsel has raised the submissions in tandem with the reply dated 24.08.2026, which is taken on record, learned State counsel has opposed the present petition by arguing that 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 the custody certificate dated 02.09.2026, in Court today, which is taken on record. 6. In oppugnation, learned counsel for the complainant has opposed the grant of regular bail to the petitioner by arguing that the petitioner is involved in large scale conspiracy, where the huge amount has KAMAL GANDHI 2026.09.05 12:27 I attest to the accuracy and integrity of this document 3 CRM-M-42280-2026 been stolen, in a planned manner, from the complainant/company. Learned counsel for the complainant has further urged that the petitioner is likely to abscond from the process of justice as also to interfere with the prime prosecution witness in case the petitioner enlarged on regular bail. Learned counsel for the complainant has further urged that the entire amount/quantity of milk, which the complainant-company has been duped, yet to be recovered. On the strength of these submissions, the grant of regular bail is entreated for. 7. I have heard counsel for the parties and have gone through the available records of the case. 8. The petitioner was arrested on 17.04.2026, whereinafter, the investigation was carried out and the challan qua petitioner has been presented on 09.05.2026. Total 18 prosecution witnesses have been cited, but none has been examined till date. 9. Keeping in view the entirety of the factual milieu of the case in hand; especially the factum of the petitioner being in custody for more than 04months and 14 days, and the petitioner being a man with clean antecedents; this Court is inclined to affirmatively consider the instant petition. The rival contention raised at Bar give rise to debatable issues, which shall essentially 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. KAMAL GANDHI 2026.09.05 12:27 I attest to the accuracy and integrity of this document 4 CRM-M-42280-2026 10 As per custody certificate dated 02.09.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 04 months and 14 days & is not shown to be involved in any other FIR(s). Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 11 In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, 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 cellphone number to the 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. 12. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed KAMAL GANDHI 2026.09.05 12:27 I attest to the accuracy and integrity of this document 5 CRM-M-42280-2026 hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 13 Ordered accordingly. 14. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 15. Since the main case has been decided, pending miscellaneous application, if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 03.09.2026 Kamal Gandhi Whether speaking/reasoned: Yes/No Whether reportable: Yes/No KAMAL GANDHI 2026.09.05 12:27 I attest to the accuracy and integrity of this document