239 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:04.07.2025 Jasbir alias Jassi …Petitioner vs.

State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Sukhwinder Singh Kamboj, Advocate for the petitioner.

Mr. Rajiv Sidhu, DAG, Haryana.

***

N.S.Shekhawat J. (Oral)

1. The petitioner has filed the third petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.54 dated 13.08.2020 registered under Section 25 Arms Act and Sections 307, 34 of IPC (Sections 201, 302, 341 of IPC) added later on, at Police Station Krishna Gate Thanesar, District Kurukshetra.

2. Learned counsel for the petitioner contends that the petitioner was not initially named in the FIR and has been nominated as an accused only on the basis of suspicion. He further contends that even during the course of investigation, it was discovered that Sahil Kumar @ Sahil Koyar had fired at the deceased and the petitioner was simply present at the place of occurrence. He further contends that Sahil Kumar @ Sahil Koyar, co-accused has been admitted to bail by this Court, vide order dated 27.05.2025 (Annexure P-2).

Apart from the above referred role, no overt act has been attributed to the petitioner. The petitioner was arrested in the present case on 24.05.2021 and is in custody for the last about 04 years and 02 months.

3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner. He further submits that the petitioner is involved in two more cases.

4. I have heard the learned counsel for the parties and perused the record.

5. In the present case, the petitioner was simply stated to be present at the place of occurrence and no other injury/role has been attributed to him. As per the prosecution, Sahil Kumar @ Sahil Koyar had fired shots on the deceased and he has already been admitted to bail, vide order dated 27.05.2025 (Annexure P-2). Another co-accused, namely, Rajesh Kumar @ Jassa @ Kangi has also been granted the concession of bail by this Court, vide order dated

14.03.2024 (Annexure P-3).

6. At this stage, without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the following conditions:-

(i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority.

(ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case.

(iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned.

(iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect.

(v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court.

(vi) In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously.

(vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.

(N.S.SHEKHAWAT)

04.07.2025 JUDGE hemlata