Chirag v. State Of Haryana

CRM-M No.12061 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.12061 of 2026 Date of decision : 17.3.2026 Date of uploading : 17.3.2026 Chirag .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Nikhil Vats, Advocate, for the petitioner Ms. Priyanka Sadar, Senior DAG, Haryana --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.423 dated 11.9.2025 under Sections 111(3), 111(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25(6) of Arms Act, 1959 (Sections 238(b) and 48 of BNS added later on when challan was presented), registered at Police Station Bhiwani City, District Bhiwani.

2.

The gravamen of the FIR in question is that on a secret information, the police apprehended Amit @ Golu and Param @ Monty, near Tosham-Bhiwani bypass, City Bhiwani while they were standing with a motor cycle. On their personal search, 2 country made pistols alongwith live cartridges without any valid licence were recovered from

CRM-M No.12061 of 2026 -2them and the petitioner was implicated in the present case on the disclosure statement of said co-accused and one mobile phone and 5 live cartridges were recovered from the petitioner. 3.

Learned counsel for the petitioner has argued that the petitioner is in custody since 5.10.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that 5 live cartridges and one mobile phone were recovered from the petitioner but the basis of recovery and culpability is the disclosure statement, which is not tenable in law. Learned counsel has further submitted that the petitioner is a young man aged 20 years with clean antecedents. Thus, regular bail is prayed for. 4.

Learned State counsel 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 the regular bail. Learned State counsel seeks to place on record custody certificate dated 16.3.2026 in Court, which is taken on record.

5.

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

6.

The petitioner was arrested on 5.10.2025 wherein after investigation was carried out; challan was prepared on 8.12.2025 and subsequently filed. Charges in the present case were framed on 3.2.2026. Total 29 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to

CRM-M No.12061 of 2026 -3debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6.1 As per custody certificate dated 16.3.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 5 months and 9 days & is not shown to be involved in any other case. 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 CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/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 cell-phone 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.

CRM-M No.12061 of 2026 -48. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/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) JUDGE 17.3.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No