The main legal point established in the judgment is that the decision to grant regular bail was based on the length of the petitioner's custody, the likelihood of a lengthy trial, and the absence of specific allegations or overt acts attributed to the petitioner in the FIR.

JUDGMENT

Aman Chaudhary, J. - The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of FIR No.109 dated 07.05.2022, under Sections 307, 353, 186, 506, 148 and 149 of the IPC and Section 25 of the Arms Act, 1959 registered at Police Station Jandiala Amritsar Rural.

2. Learned counsel for the petitioner contends that the petitioner is in custody since 07.05.2022. He submits that though the petitioner was named in the FIR, however, no overt act or weapon has been attributed to him. He further submits that challan has been presented, charges are yet to be framed and in all there are 17 witnesses. He submits that there is one more case against the petitioner, wherein he is already on bail.

3. Contrarily, learned State counsel has opposed the bail on the ground that the petitioner was present at the spot along with co-accused, who had opened fired. However, he is unable to controvert the fact that the petitioner is in custody since 07.05.2022; challan has been presented; charges are yet to be framed and in all there are 17 witnesses.

4. I have heard learned counsel for the parties.

5. In view of the facts and circumstances of the case, in particular that the petitioner is in custody since 07.05.2022; challan has been presented; charges are yet to be framed and in all there are 17 witnesses, the trial is likely to take a considerable time, his further detention behind bars would not serve any useful purpose, thus the present petition for grant of regular bail deserves to be allowed.

6. As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to him not being required in any other case. The petitioner shall abide by the following conditions:-

1. The petitioner will not tamper with the evidence during the trial.

2. The petitioner will not pressurize/ intimidate the prosecution witnesses.

3. The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

4. The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

5. The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

6. The petitioner shall not in any manner misuse his liberty.

7. Any infraction shall entail in withdrawal of the benefit granted by this Court.

8. The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.

9. The petitioner shall deposit his passport, if any, with the Trial Court forthwith and in case, he does not have the passport, he shall furnish a specific affidavit in this regard.

7. It is made clear that in case of breach of any of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

8. In view of the above, this Court makes it clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.