211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 14.10.2025 HARSH AIAS HARSHU ...PETITIONER V/S STATE OF HARYANA ...RESPONDENT CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Siddarth, Advocate and Mr. Suraj, Advocate for the petitioner.

Mr. Karan Veer Singh, Senior DAG, Haryana.

Mr. Kunal Dawar, Advocate and Mr. Rohit Rana, Advocate for the complainant.

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SUBHAS MEHLA, J. (ORAL)

1. By way of the present petition filed under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) the petitioner is seeking regular bail in FIR No.03 dated 02.01.2022 under Sections 148, 149, 302, 506, 120-B of Indian Penal Code, 1860 and Section 25 of Arms Act registered at Police Station Sadar Ballabgarh, Faridabad (Annexure P-1).

2. Learned counsel for the petitioner contended that the petitioner has been falsely involved in the present case; he was nominated only on the basis of disclosure statement of co-accused, which is inadmissible in evidence. Learned counsel for the petitioner sought regular bail on the ground of parity as two co-accused, namely, Sachin and Deepak have been granted the concession of regular bail by Hon’ble Supreme Court vide orders dated 20.01.2025 (Annexures P-3 and P-4) and third co-accused, namely, Aman @ Aman Nehra has also been granted the concession of regular bail by this Court vide order dated 30.01.2023; trial will take sufficient time to conclude; except the present case, the petitioner is not involved in any other criminal activity.

As such, learned counsel prayed for grant of regular bail to the petitioner.

3. Learned State counsel opposed the prayer of the petitioner and submitted that the petitioner has actively participated in the commission of offence. However, learned State counsel admitted the fact that the petitioner is not involved in any other criminal activity and three co-accused have also been granted the concession of regular bail.

4. Keeping in view the facts and circumstances of the case and the fact that present petitioner is in custody since 15.03.2022; co-accused, namely, Sachin and Deepak have been granted the concession of regular bail by Hon’ble Supreme Court vide orders dated 20.01.2025 (Annexures P-3 and P- 4) and co-accused, namely, Aman @ Aman Nehra has also been granted the concession of regular bail by this Court vide order dated 30.01.2023; the case of the petitioner is on similar footing as of co-accused, namely, Deepak; the petitioner is not involved in any other case; that the trial will take sufficient time to conclude and no fruitful purpose would be served by keeping him in custody for any further period, as concession of bail cannot be denied just as measure of punishment and it is trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case to grant the concession of regular bail to the petitioner.

5. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

6. Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial.

(SUBHAS MEHLA)

October 14, 2025 JUDGE manisha