JUDGMENT :

Harpreet Singh Brar, J. (Oral)

1. This is the first petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No. 261 dated 09.09.2022 registered under Sections 364-A, 34, 506 of Indian Penal Code and Section 25 of Arms Act 1959 at Police Station Civil Line, Jind District Jind.

2. The FIR(supra) was registered on the statement of complainant Pardeep, who stated that he absented himself in a case under Section 379-A IPC in Sessions Court, Jind due to which Court had issued warrant of arrest against him. Police after apprehending him, produced him in the court on 16.7.2022. He was sent to Jail. On 01.09.2022, he came to know that he was granted bail. After getting bail, he came out from jail at about 7.30 PM. He searched for his brother Parveen, but could not find him. Amit alias Mitu son of Rajpal resident of village Shamlo Kalan, Vicky son of Jagmender resident of village Baroda District Sonepat and Sahil son of Surender resident of Baroda, District Sonepat came there. They told him that they got him released on bail and surrounded him. All three put him forcibly in white colour Scorpio vehicle standing outside the jail and after abducting him, Amit alias Mitu along with his associates confined him in a house near pond outside village Shamlo Kalan. Amit alias Mitu, Vick and Sahil tortured him and gave beatings to him. They pressurized him to transfer his land in their name and threatened to kill him. On 03.09.2022, all three brought him at Old Court near Rani Talab, Jind and put him in a white Scorpio. There also, they gave beatings to him in the vehicle. After pointing a revolver on his head, they threatened to kill him and his brother Parveen and mother. He got scared. They forcibly got his signatures on stamp paper and also got clicked his photograph by making him to forcibly stand with Vicky and Sahil at Old Court. Thereafter, they brought him at village Shamlo Kalan by putting him in a vehicle. On 04.09.2022, Amit kept him confined at his house. On 05.09.2022, Amit alias Mitu, Vicky and Sahil came to Jind along with him for getting transferred his land, however, he ran away by dodging them and saved his life. He stated that he had not sold his land nor received even a single rupee. Amit alias Mitu, Vicky and Sahil were persons of criminal nature and many cases of attempt to commit murder and kidnapping have been registered against them. On the basis of aforesaid allegations, FIR(supra) was registered.

3. Learned counsel for the petitioner inter alia contends that petitioner has been falsely implicated in the present case and he is behind the bars since 14.06.2024. Complainant Pardeep and his brother-Parveen has been examined as PW-1 and PW-2 respectively before the learned trial Court and both of them have not supported the case of the prosecution. Co-accused Vicky and Amit @ Mitu have been acquitted by the learned trial Court vide judgment dated 04.03.2025, which is placed on record as Annexure A-1 and the case set up by the prosecution is highly improbable and too far fetched.

4. Learned State counsel produces the custody certificate of the petitioner, which is taken on record and per contra, opposes the prayer made by the petitioner on the ground that complicity of the petitioner is duly established during investigation and he has been specifically named in the FIR(supra). Moreover, he is also involved in 04 more cases. As such, he is not entitled to any relief by this Court.

5. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bars from the last 10 months and 21 days as on 04.05.2025 and out of total 18 PWs, only 04 have been examined so far. Thus, conclusion of trial will take considerable long time. 6. A two Judge Bench of Hon'ble Supreme Court in Satender Kumar Antil v. CBI' (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed:

"6