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Aman @ Churnia vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 8 May 2026 · Citation: (2026) 05 P&H CK 0967

HON’BLE JUDGES
Jasjit Singh Bedi, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 · Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 109(1) · Arms Act, 1959 — Section 25(1B), 27
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous (M) No. 59948 Of 2025
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Judgment

8 paragraphs · 380 words

Jasjit Singh Bedi, J

1 .The prayer in the present petition under Section 483 BNSS is for the grant of regular bail in case bearing FIR No.134 dated 24.02.2025 (Annexure P-1) egistered under Sections 109(1), 3(5) of BNS and Section 25(1-B) of Arms Act (Section 27 of Arms Act added later on) at Police Station HTM Hisar, District Hisar.

2.

The learned counsel for the petitioner contends that the statement of the complainant has been recorded during the course of the trial and he has not supported the prosecution version. Rohit, the purported main accused has been granted the concession of regular by the Addl. Sessions Judge, Hisar vide order dated 02.05.2026. The copy of the order dated 02.05.2026 is marked as X. As the petitioner is in custody since 16.03.2025 but only 01 of the 22 prosecution witnesses has been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail.

3.

On the other hand, the learned State counsel has not disputed the factual assertion that the complainant has not supported the prosecution case, that Rohit the primary accused has been granted the concession of regular bail, that the petitioner is in custody since 16.03.2025 and that only 01 of the 22 prosecution witnesses has been examined so far.

4.

I have heard the learned counsel for the parties.

5.

Admittedly, the complainant has turned hostile and has not supported the case of the prosecution. Whether the evidence available on record is sufficient to affix the culpability upon the petitioner shall be adjudicated upon during the course of the Trial. The petitioner is in custody since 16.03.2025 but only 01 of the 22 prosecution witnesses has been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation, the further incarceration of the petitioner is not required.

6.

Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Aman @ Churnia S/o Ram Kishore @ Ram Kishor is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.

7.

The petition stands disposed of.