Jai Kishan v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of Decision: 25.03.2026 Date of Uploading: 25.03.2026 Jai Kishan .....Petitioner.

Versus

State of Haryana .....Respondent.

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL ***** Present:- Mr. Saurabh Dalal, Advocate for the petitioner.

Ms. Priyanka Sadar, Sr. DAG, Haryana.

SUMEET GOEL, J.(Oral) Present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.213 dated 30.08.2024 registered for the offences punishable under Sections 310(2), 324(6), 332(B), 333, 352(3) and 61 of the BNS, 2023, at Police Station Linepaar Bahadurgarh, District Jhajjar. 2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- "To the SHO, PS Line Par, Bahadurgarh. It is requested that I am Satish s/o Kartar Singh r/o Line par,

-2Diggi wali Road, near Bittu Atta chakki. I am married and I have 4 children. That on 30.08.2024 at around 5 in morning I was sitting on my milk shop that Kalu s/o Shri Krishan and Naveen who are neighbours and 8-10 more boys came there. Who had sticks in their hands. They beat me up, damaged my shop and went away with Rs.10,000/- and threatened to kill me and broke my goods. I came to know that they had done the same damage at the house of Raju also. Therefore, it is requested that legal action may be taken against them." 3.

Learned counsel for the petitioner submits that the petitioner was initially arrested on 16.11.2024 whereinafter he was granted concession of regular bail on merits of the case on 02.12.2024. Learned counsel has further submitted that the petitioner continued to appear before the concerned Court till August, 2025 but was unable to appear thereafter as he was unwell. Learned counsel has brought to the notice of this Court that the petitioner came to be re-arrested on 11.11.2025 and is in continuous custody since then. Learned counsel has further submitted that the absence of the petitioner from the trial proceedings was unintentional and the petitioner is willing to join trial and to face the same in accordance with law. Hence, regular bail is prayed for.

4.

Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, he does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 24.03.2026 in the Court, which is taken on record. 5.

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

6.

It is not in dispute before this Court that the petitioner was

-3granted concession of regular bail on merits of the case on 02.12.2024. The petitioner continued to appear thereafter till August, 2025. It is further not in dispute that the petitioner is now in custody since 11.11.2025. Keeping in view the totality of the factual milieu of the case in hand; especially the factum of the petitioner having been granted regular bail by the concerned Court earlier in December, 2024, he continuously appearing before the Court in accordance with law till August, 2025 and there appear to be some credibility in the cause behind his non-absence; this Court is inclined to grant regular bail to the petitioner.

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:

(i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

-48.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

9.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL) March 25, 2026 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No