Harjinder Singh vs State Of Haryana

Alok Jain, J

The present petition has been filed seeking grant of regular bail to the petitioner in case FIR No. 398 dated 15.11.2020, registered under Sections 147, 149, 354, 365 and 506 of Indian Penal Code, 1860 (Sections 147, 149, 354, 365 IPC were deleted and Sections 323, 325, 302 and 34 of IPC added later on), at Police Station City Mandi, Dabwali, District Sirsa, Haryana (Annexure P-1), now charge sheeted under Sections 354, 366-A, 148, 149, 323, 325, 302 and 506 IPC, 1860 vide order dated 20.05.2024 (Annexure P-2)

Learned counsel for the petitioner submits that during investigation, the petitioner was found to be innocent and was accordingly placed in Column No. 2 of the challan. However, subsequently, by virtue of an order passed under Section 319 Cr.P.C., the petitioner was summoned to face trial. Learned counsel further submits that all the material prosecution witnesses have already been examined, who have not supported the case of the prosecution. It is further submitted that the petitioner has been in custody for more than one year and hence, prays for grant of the concession of regular bail to the petitioner.

Status report by way of an affidavit of Kapil Ahlawat, HPS, Deputy Superintendent of Police (HQ), Dabwali, District Sirsa along with Annexures has been filed by learned State counsel on behalf of respondent-State in Court today, which are taken on record, subject to all just exceptions. Copy thereof has been handed over to the counsel for the petitioner.

Learned State counsel has also filed the custody certificate of the petitioner in Court today, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has been in custody for the last 01 year, 08 months and 15 days as on 27.01.2026.

Learned State counsel fairly submits that all the material witnesses have been examined and no recovery is to be effected from the petitioner. It is further submitted that a similarly situated co-accused, namely Khushwinder Singh, has already been granted the concession of regular bail by this Court.

Heard learned counsel for the parties at length.

In view of the above and considering the fact that the no recovery is to be effected from the petitioner, coupled with the fact that all the material witnesses have been examined, who have turned hostile and the petitioner has been in custody for the last 01 year, 08 months and 15 days, moreover, the trial is likely to take considerable time, therefore, no useful purpose would be served by keeping the petitioner in custody.

Accordingly, the petitioner is held entitled to the concession of regular bail.

Without commenting upon the merits of the case, the present petition stands allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, be released on the following conditions:

i The petitioner shall declare his ordinary place of residence and the mobile number used by him.

ii The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence.

iii The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned.

iv The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said effect before being released.

The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and this order shall not be considered as parity qua any other co-accused in any manner whatsoever.

It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail.