Dheeraj Kataria v. State Of Punjab

Prayer in the present petition f filed under Section 483 BNSS, 2023 is for r grant of regular bail to the p etitioner in case FIR No.0154 dated 17.06 6.2025 under Sections 319(2), 318(4), 336(2), 338, 336(3), 340(2), 61(2

2) of the B.N.S., 2023 (Section 238 BNS 2023 added later on) (Earlier sec ction 419, 420, 467, 465, 471, 120-B and 201 of IPC, 1860) registered a at Police Station City-I Malerkotl la, District Malerkotla.

2.

Learned counsel contends th at the petitioner has been in custody for r about 91⁄2 months. He alleges false implication. As per the allegations, he has demarcated the land and d attested as witness, however, co-accused Manpreet Kaur, who alleged dly impersonated the original

owner, has since been granted bail by this Court, vide Annexure P-3, after being in custody of 8 months and 1 day. The offences are triable by the Magistrate. Charges have been framed on 24.09.2025 and none, out of 16 PWs, has been examined. He is involved in 2 other cases, in 1 of which he is on bail. 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 27.03.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 9 months and 8 days.

4.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having connived with co-accused and cheated the complainant. However, she is unable to controvert the submissions with regard to stage of the case; the petitioner being on bail in 1 case and the co-accused having been released on bail. 5.

Heard.

6.

Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra)had held that, "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court, etc."

7.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 9 months and 8 days; on bail in 1 case; co-accused is on bail; it is a case of magisterial trial; charges were framed on 24.09.2025 and out of 16 PWs, none has been examined; 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.

8.

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.

9.

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. 10.

In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.