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2026 Supreme(Online)(P&H) 77563

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Vinod S. Bhardwaj, J
KRISHAN KUMAR ALIAS MOKHIYA – Appellant
Versus
STATE OF HARYANA – Respondent
CRM-M-24502-2026(O&M)



Advocates:
For the Appellants/Petitioners: Sanchit Punia
For the Respondents: Paras Talwar

Regular bail may be granted by considering the nature of allegations, the duration of judicial custody, and the fact that the offences are triable by a Magistrate, especially when the investigation against the petitioner is complete.

Headnote:The petition was filed under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for offences registered under S. 305, 112, 111(4), and 319 of the Bharatiya Nyaya Sanhita, 2023. The case pertains to the theft of a Scorpio vehicle and its subsequent sale through forged documents. The court noted that the petitioner had been in judicial custody since December 2025 and the challan had already been filed. The primary issue was whether the petitioner should be granted regular bail despite allegations of being part of an organized syndicate involved in vehicle theft. The court reasoned that taking into consideration the nature of allegations, the period of custody undergone, and the fact that the offences are triable by the Court of Magistrate, the petitioner is entitled to bail. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned.

Table of Content
1. allegations of vehicle theft and subsequent sale via forged documents. (Para 1 , 2)
2. contention regarding false implication versus involvement in an organized crime syndicate. (Para 3 , 4)
3. bail granted based on custody period and trial court jurisdiction. (Para 5 , 6)
4. order for release on regular bail subject to conditions. (Para 7 , 8 , 9 , 10)

*****

VINOD S. BHARDWAJ, J. (Oral)

The instant first petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case bearing FIR No.351 dated 10.10.2025 registered under Sections 305 , 112, 111(4) and 319 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Urban Estate, District Hisar.

2. The FIR in the present case has been registered on the statement of one Monu son of Satbir, alleging that he alongwith his friends reached Hisar after a trip from Rajasthan at about 12:00 A.M. in his Scorpio vehicle bearing Registration No.HR-14W-1015. The said vehicle had been parked near Real PG in front of Sharda Public School. He and his friends went to sleep in PG and when they woke up in the morning at around 07:00AM, they found that the said vehicle was missing. Alleging that the same has been stolen by some unknown persons, the FIR got registered. During investigation, offences under Section 112 , 114(4) and 319 of BNS were added in this case as the stolen vehicle was sold by preparing forged documents.

3. Learned counsel appearing on behalf of the petitioner contends that the petitioner has been falsely implicated in the present case, where he was arrested on 04.12.2025. The petitioner is already in judicial custody and no recovery has been effected from the petitioner.

4. Learned State Counsel on the other hand contends that the petitioner is member of an organized syndicate allegedly involved in theft and sale of stolen vehicles by forging documents. He further contends that main accused-Paramjit is yet to be arrested and recovery of the vehicle remains to be effected. He however does not dispute that no investigation is pending qua petitioner and challan qua him already stands filed. The custody period of the petitioner is also not disputed. It is also argued that that the offences in question are triable by the Court of Magistrate and trial shall take long.

5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition.

6. Without commenting on the merits of the case and taking into consideration the nature of allegations levelled against the petitioner, the period of custody undergone by him as well as the fact that the offences in question are triable by the Court of Magistrate, I deem it appropriate to allow the present petition.

7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned.

8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.

9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material.

10. Pending application(s), if any, shall stand disposed of.

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