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Judgment
ALOK JAIN, J. (Oral)
The present petition has been filed seeking grant of regular bail to the petitioner in case FIR No. 24 dated 31.01.2026 and Sections were kept in Final report under Sections 3(5), 316(2), 318(4), 336(3), 338 340, 61 and 339 of BNS(corresponding sections 34 , 406, 420, 468, 467, 470, 120-A and 474 of IPC at Police Station Badli, District Jahjjar.
Learned counsel for the petitioner submits that there is no role attributed to the petitioner as he was neither witness nor beneficiary in the entire alleged commission of offence and he has been entangled only on account of the fact that he was known to the main accused Gurvindner Singh. It is also argued that the trial is not likely to concluded in the near future and continue incarceration of the petitioner would amount to great hardship.
Per contra, learned State counsel, has filed the custody certificate, which is taken on record, and opposed the grant of any concession to the petitioner, however, could not deny the fact that the main accused Gurvinder Singh is already in custody.
In light of the above and considering the fact that that the petitioner in custody since 09.02.2026 and has clean antecedents, coupled with the fact that the trial is likely to take considerable time, 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.
Pending application(s), if any, stands disposed of.