Samsher Singh @ Shamsher @ Shera vs State of Haryana

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of interim bail to the petitioner in case bearing FIR No.20 dated 14.02.2026, registered under Sections 127(2), 309(4) and 351(3) of BNS, 2023 at Police Station Sadar Kanina, District Mahendergarh, with offences under Sections 310(2), 61(2) and 238 of BNS having been added and offence under Section 309(4) of BNS having been deleted later on.

It is argued by learned counsel for the petitioner that he has been in custody since 10.07.2026. It is submitted that the wife of the petitioner is presently pregnant and is under medical treatment. Her expected date of delivery is 23.09.2026. Learned counsel submits that the petitioner is required to be with his wife during this crucial period and particularly around the time of delivery as she requires his care and assistance. Learned counsel submits that the petitioner seeks interim bail only for a limited period and undertakes to surrender before the concerned Court upon expiry of the period of interim bail. Hence, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted interim bail for a limited period.

Learned State counsel, on instructions, does not dispute the fact that the wife of the petitioner is pregnant and is presently undergoing medical treatment. However, it is submitted that the wife can be taken care of during the said period by the petitioner's brother and his wife. Learned State counsel further opposes the grant of bail in view of the nature of allegations and the criminal antecedents of the petitioner. Therefore, he has prayed for dismissal of the petition.

This Court has heard the rival submissions.

The factum of pregnancy of the petitioner's wife is not disputed by the learned State counsel. The medical documents placed on record indicate that she is presently undergoing treatment and her expected date of delivery is 23.09.2026. The petitioner has sought his release only for a limited period from 05.09.2026 to 05.10.2026. This Court is conscious of the seriousness of the allegations levelled against the petitioner as also his criminal antecedents. However, the prayer presently made is founded upon a specific and immediate family circumstance, i.e. the advanced stage of pregnancy of the petitioner's wife. The fact that the petitioner's brother and his wife can take care of her, as submitted by learned State counsel, may provide her with assistance but cannot completely substitute the presence and support of the petitioner, particularly during the period surrounding the expected delivery. Keeping in view the aforesaid circumstances and without expressing any opinion on the merits of the case, this Court is of the considered view that the petitioner deserves to be released on interim bail for a limited period. Accordingly, the present petition is allowed. The petitioner is ordered to be released on interim bail from 05.09.2026 to 05.10.2026, subject to his furnishing personal bond and two surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned.

The petitioner shall surrender before the jail authorities on 06.10.2026 by 05:00 PM, without fail.