Mandeep v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:15.05.2025 Mandeep ... Petitioner Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE N.S. SHEKHAWAT

Present:

Mr. Deepak K. Sharma, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana.

...

N.S. Shekhawat, J. (Oral).

1.

The petitioner has filed the present petition under Section 483 BNSS with a prayer to grant regular bail to him in case FIR No.583, dated 16.08.2020, under Sections 147, 149, 323, 325, 341, 302 IPC, registered at Police Station Hisar Sadar, District Hisar.

2.

Learned counsel for the petitioner contends that the petitioner was neither named in the FIR nor any description of him has been mentioned in the FIR. During the course of investigation, the statement of Dinesh and supplementary statement of Satbir, both witnesses were recorded by the police and even they had not named the petitioner as one of the assailants. However, Atma Ram and Sunil suffered their respective disclosure statements before the police and the petitioner was nominated as an accused on the basis of that. The petitioner was arrested on 15.03.2023 and is in custody since then. Learned counsel further submits that case of the

-2petitioner is at par with Sheelu and Monu, both co-accused and both of them have been admitted to bail by this Court. Even he refers to the orders Annexure P-3 passed by this Court whereby Ravi and Atma Ram have been granted the concession of bail by this Court. 3.

On the other hand, learned State counsel opposed the submissions made by the petitioner on the ground that the petitioner is a hardened criminal and is involved in two more cases 4.

I have heard learned counsel for the parties and perused the records carefully.

5.

In the present case, the case of the petitioner is at par with the cases of Sheelu and Monu, who have been admitted to bail by this Court. Further the petitioner is in custody for the last about 02 years and 02 months and further custody is not required.

6.

Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority.

(ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case.

(iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned.

(iv) The petitioner shall surrender his passport, if any, (if

-3already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court.

(vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously.

(vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.

8.

In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard.

(N.S. SHEKHAWAT) 15.05.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No