AI Structured Summary
Not yet generated for this judgment
Judgment
SUMEET GOEL.J (Oral)
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.0095 dated 06.04.2026 registered under Sections 110, 118(1), 118(2) of BNS, 2023 (Section 109(1) of BNS deleted later on and Sections 110 and 118(2) of BNS added later on) and Section 25 of Arms Act (added later on) at Police Station Gandhi Nagar, District Yamunanagar.
Learned counsel for the petitioner has argued that the petitioner is in custody since 07.04.2026. Counsel has submitted that the petitioner has been falsely implicated in the FIR in question. Counsel has further urged that the prime prosecution witness-Gaurav Bhatia, who is also the injured has turned hostile and thus, the trial is not likely to culminate into conviction. Learned counsel has further urged that the petitioner is a man of clean antecedents and thus regular bail is prayed for.
Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 17.09.2026 in Court, which is taken on record.
I have heard counsel for the parties and have gone through the available records of the case.
The petitioner was arrested on 07.04.2026, wherein after investigation was carried out and challan stands presented on 05.06.2026. Total 12 prosecution witnesses have been cited out of which 03 stand examined till date. It is not in dispute before this Court that the prime prosecution witness (PW-Gaurav Bhatia), who is also the injured, has turned hostile. The rival contention of learned counsel for the parties; as to whether the petitioner has been falsely implicated into the FIR in question, shall be gone into, during the course of the 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.
As per custody certificate dated 17.09.2026 the petitioner has suffered incarceration for 05 months and 11 days and is not shown to be involved in any other case/FIR.
Suffice to say, the further detention of the petitioner in custody is not required in the facts and circumstances of the case.
In view of above, the petition in hand is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned 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:-
The petitioner shall not mis-use the liberty granted.
The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
The petitioner shall not absent himself on any date before the trial.
The petitioner shall not commit any offence while on bail.
The petitioner shall deposit his passport, if any, with the trial Court.
The petitioner shall give his cell-phone 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.
The petitioner shall not in any manner try to delay the trial.
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 cancellation of bail of the petitioner.
Ordered accordingly.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
Pending misc. application(s), if any, shall also stand disposed of.