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Judgment
ALOK JAIN, J. (Oral)
The present petition has been filed praying for grant of regular bail to the petitioner in case FIR No.138 dated 20.06.2026, under Section 299 of BNS (corresponding Section 295-A IPC) and Section 5(2) of Jagatjot Shri Guru Granth Sahib Satkar Act (Amendment) Act 2026 registered at Police Station Kot Ise Khan, District Moga.
Learned counsel for the petitioner submits that the petitioner is a person with 75% disability and is working as a temporary Helper-cum-Beldar/Sewer Cleaner with one Surjit Singh who works as a Beldar in the Canal Department. Learned counsel submits that the petitioner has been nominated on the statement of co-accused Surjit Singh, with whom he was working. Learned counsel further submits that the petitioner is an illiterate person and had no knowledge that the material being burnt included certain religious books. As part of his daily routine, the petitioner was removing weeds, sacks and other waste material from the water outlet, which was collected on the side and, after getting dried, was burnt. Learned counsel submits that, ordinarily, pages, polythene bags and other miscellaneous material are found at such places and there was never any intention on the part of the petitioner to hurt the religious sentiments of any religion. He further submits that the petitioner is in custody for more than 02 months and 30 days and never named in the present FIR.
Learned State counsel has filed custody certificate and as per which, petitioner is in custody for last 02 months 30 days. Learned State counsel submits that the petitioner has hurt the religious sentiments and that religious books were torn, soaked in water and thereafter burnt. He submits that the allegations against the petitioner are serious in nature. However, he could not controvert the fact that the petitioner has been in custody for the last 02 months and 30 days.
Heard learned counsel for the parties at length and have gone through the record carefully.
Considering the fact that the petitioner is an illiterate person and is in custody for last 02 month and 30 days and has no other case and 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.
In light of above, 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:
The petitioner shall declare his ordinary place of residence and the mobile number used by him.
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.
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.
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.
Pending application(s), if any, shall stand disposed of.