Dinesh Kumar v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.218 Case No. : CRM-M-22736-2025 Decided On : July 14, 2025 Dinesh Kumar ....
Petitioner vs.
State of Haryana ....
Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. P. K. Chugh, Advocate and Mr. Surat Singh, Advocate for the petitioner.
Mr. R. K. Singla, Addl. A. G., Haryana.
* * * SUKHVINDER KAUR , J.
:
Prayer in the present petition, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for grant of regular bail to the petitioner, in case FIR No.489 dated 17.07.2024, under Sections 115(2), 308(4), 61(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, registered at Police Station HTM, District Hisar. Briefly, the case of the prosecution is that the present FIR was got registered on the statement of complainant namely Suresh @ Rinku, who stated before the police that he met a woman named Manju, who used to come to meet him in a hotel for Rs.1,000/-. On 17.07.2024, she made a call to the complainant, informing him that she was with a girl and the complainant must take her for shopping. Thereafter, all three went to the hotel, from where Manju left, leaving behind the complainant and that girl.
However, after five minutes, two unknown boys and a woman came there and assaulted the complainant, while snatching his two tola gold chain and demanding Rs.2 lakh from him. The complainant dialled 112, upon which all of them fled away. During investigation, aforesaid Manju was arrested and her disclosure statement was recorded. Accused Dinesh Kumar (petitioner) was also arrested and presently, he is confined in Central Jail-1, Hisar.
Learned counsel for petitioner contended that the petitioner has not been named in the FIR. The role attributed to the petitioner is and co-acused Manju is same and she has already been granted bail vide order dated 08.08.2024 passed by learned Additional Sessions Judge, Hisar. He further submitted that the petitioner is in custody since long and since trial of the case is likely to take time, no useful purpose would be served by keeping the petitioner behind bars for long. Therefore, it has been prayed that the petitioner be granted concession of regular bail. While issuing notice of motion on 05.05.2025, respondentState was directed to file Status Report and Custody Certificate. The Status Report has already been placed on record and Custody Certificate has been filed today in the Court and the same is taken on record.
Learned State counsel, while referring to the Status Report, has opposed the bail petition while contending that allegations levelled against the petitioner are serious. He is a habitual offender and many other cases have also been registered against him, as detailed in the Status Report. So, he does not deserve the concession of bail.
gone through the case file.
As per the Custody Certificate filed today, the petitioner has already undergone custody of 04 months and 17 days. The main accused Manju has already been granted bail in this case vide order dated 08.08.2024 passed by learned Additional Sessions Judge, Hisar. Presentation of challan and conclusion of the trial is likely to take some time. So, no useful purpose would be served by further detaining the petitioner behind the bars. Accordingly, the present petition is allowed and the petitioner is ordered to be admitted on regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned Trial Judge/Chief Judicial Magistrate/Duty Magistrate.
However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. July 14, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.