Sandeep @ Klai vs State Of Haryana

Shalini Singh Nagpal, J.

Petitioner seeks regular bail in case vide FIR No. 50 dated 01.05.2025 under Sections 152(2), 126(2), 191(3), 190, 351(1)(3), 117(1) Bharatiya Nyaya Sanhita, 2023, Police Station Basti Jodhewala, Police Commissionerate Ludhiana. Offence under Sections 238 and 110 BNS were added in the FIR during investigation. This is the second petition for regular bail. First petition was dismissed being not pressed on 16.03.2026.

Complainant alleged on 29.04.2025 when she and her son Ravinder Kumar was present in their house, at around 6:40 p.m. 7-8 boys, REEMA SAUND 2026.08.20 16:40 I attest to the accuracy and integrity of this document high court chandigarh including petitioner Sandeep @ Klai, Varun Gill and Raghav Kumar arrived, armed with deadly weapons, such as daat, iron rods, baseball bats etc. They brutally assaulted her son in his head with the intention to kill him. When she raised alarm, passers-by gathered, petitioner-Sandeep @ Klai, Varun Gill and Raghav Kumar and 5-6 unidentified boys fled on their motorcycle and Activa. She shifted her son Ravinder Kumar to Civil Hospital, Ludhiana.

Learned counsel for the petitioner inter alia submits that petitioner was in custody for the last 1 year and 3 months. Investigation of the case was complete. Charges were not yet framed. Trial was likely to take long. There was an unexplained delay of two days in registration of FIR, which was result of an after thought. The medical record did not corroborate ocular account. Petitioner, therefore, deserves to be enlarged on regular bail.

Learned State counsel has opposed the prayer for regular bail arguing that petitioner was the main accused, who was attributed injuries with iron rod on the head of Ravinder Kumar with intention of killing him. The injury on the left parito occipital region was declared dangerous to his life. Main witnesses were yet to be examined. Petitioner, thus, did not deserve to be enlarged on regular bail.

The often invoked phrase ‘Bail is the rule and jail is the exception’ is not merely an empty statutory slogan flowing from the Cr.P.C. It is a constitutional principle flowing from Articles 21 and 22 of the Constitution and the presumption of innocent which is the cornerstone of any civilised society governed by the rule of law. (Vide Syed Iftikhar Andrabi Vs. National Investigation agency 2026 SCConline SC 881).

There is a delay of two days in registration of FIR. Petitioner is in custody for the last more than 1 year and 3 months. Investigation of the case is complete. Petitioner has clean antecedents, he is not involved in any other case. He has a permanent abode and flight risk is minimal. There is no reason to suspect that petitioner would tamper with evidence. After dismissal of the first bail application on 16.03.2026, the subsequent custody period furnishes fresh ground for release of petitioner on bail Considering the period of incarceration, the fact that investigation of case is complete and that trial is likely to take long, without commenting on merits, petitioner is ordered to be released on regular bail subject to his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate.

All the pending miscellaneous applications, if any, stand disposed of.