IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.07.2025 Vikas @ Munna Bhati ....Petitioner V/s State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Kamal Chaudhary, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

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SUMEET GOEL, J. (ORAL):

1. Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.286 dated 30.10.2023 registered for the offences punishable under Sections 394, 397 of IPC and Section 25 of Arms Act (subsequently added Section 120-B, 201 IPC and 25/54/59 of Arms Act) at Police Station Dhauj, District Faridabad.

2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-

“To, SHO Police Station Dhauj District Faridabad. It is submitted that I am Ravinder Jain s/o Surender Jain Age 52 Years R/o House Noi. 1904, Sector 13 Karnal and Wooden Business. Today on 30.10.2023 I and my driver Mukesh S/o Baljit R/o Gaushala Janakpuri Karnal in my Creta car colour White Registration no. HR-05AS-2093 came from Karnal to Ashok Packing firm owned by Raj Kumar Mahajan Near Toll Tax at Dhauj on Sohana Road. I reached at Raj Kumar Mahajan's Factory at about 2:30 p.m. My driver Mukesh parked our car in front of company gate. Mukesh remain seated in car and I went inside the company to meet Raj Kumar and talked with him about order and supply, at about 2:58 p.m. my driver called me telephonically that 3 boys ran away after snatching the car. He asked me to come outside quickly then I and Raj Kumar came outside and enquired Mukesh about the incident. Then Mukesh told me that I parked the car outside the gate then a boy came to me and make excuses to enquire about the address. When I refused, then after some time 3 boys came there and asked me to go to Sohana then I refused, when I started to came inside the factory then a boy showed me a pistol and threatened to fire a shot and snatched key of the car another boy hold my neck from backside and gave me beatings and to show me pistol and ran away after snatching the car. I made a Telephonic call to the Police from my mobile to inform and to take Legal Action against 3 unknown boys.”

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 13.12.2023. Learned counsel for the petitioner further argued that the petitioner has been falsely implicated into the FIR in question primarily on the basis of confessional statement of co- accused in another FIR. Learned counsel for the petitioner has further iterated that the prime prosecution witness PW (Mukesh) and PW (Ravinder Jain) who are complainant/injured persons have not identified the petitioner. Thus, regular bail is prayed for.

4. Counsel for the State has opposed the present petition by arguing that the allegations raised are serious in nature and, thus, the petitioner does not deserve the concession of regular bail.

5. I have heard counsel for the parties and have gone through the available records of the case.

6. The petitioner was arrested on 13.12.2023 & whereinafter investigation was carried out and challan was presented on 04.01.2024 wherein total 23 witnesses have been cited, out of which 4 only have been examined till date. The weightage required to be attached with the testimonies of the witnesses who are stated to have not identified the petitioner shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival submissions, at this stage lest it may prejudice the rights of either of the parties. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the remaining prosecution evidence.

As per the custody certificate dated 04.07.2025 filed by the learned State counsel, the petitioner has suffered incarceration 1 year, 7 months and 5 days. Further, as per the said cu