IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 04.11.2025 Rinku @ Chela ... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Randeep S. Dhull, Advocate for the petitioner.

Mr. Jasjit Singh, DAG, Punjab.

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AMAN CHAUDHARY, J. (Oral)

1. Prayer in the present petition filed under Section 483 BNSS, 2023, is for grant of regular bail to the petitioner in case FIR No.144 dated 05.05.2023, registered under Sections 25-54-59 of the Arms Act, at Police Station City Kharar, District Mohali.

2. Learned counsel contends that the petitioner has been in custody for 2 years and about 6 months. The allegations against him are that he was in possession of 7 country-made pistols and 12 live cartridges. Though the challan was presented on 01.08.2023, however, charges have not yet been framed and in all there are 8 prosecution witnesses. He is involved in one more case under IPC, wherein he released on probation on 01.11.2023, while 2 under Prisons Act, in one of which, he is on bail and one under Arms Act. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.

3. The custody certificate dated 03.11.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 years, 5 months and 19 days.

4. Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner from whom country-made pistols and live cartridges were recovered. However, he is unable to controvert the submissions with regard to stage and petitioner being on bail in another case.

5. Heard.

6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for 2 years, 5 months and 19 days; on bail in another case; Challan has been presented on 01.08.2023, however, charges have not yet been framed and there are total 8 prosecution witnesses, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

7. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

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

(iv) 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.

(v) 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.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

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

9. In view of the above, it is clarified that the obse