Rajbir v. State Of Haryana

CRM-M-42165-2025 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-42165-2025 Date of Decision : 08.08.2025 RAJBIR .... PETITIONER V/S STATE OF HARYANA .... RESPONDENT CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present :

Mr.Parminder Singh, Advocate for the petitioner.

Mr. Sunny Namdev, AAG, Haryana.

**** SUBHAS MEHLA, J. (Oral) 1.

The petitioner is seeking regular bail in FIR No.163 dated 25.03.2025, under Sections 406, 420 of IPC and 24 of Immigration Act, 1983 registered at Police Station Assandh, District Karnal. 2.

Learned counsel for the petitioner submitted that the petitioner is in custody since 10.04.2025. The investigation has already been completed and the case is fixed for prosecution evidence. The offences are triable by the Magistrate 1st class and maximum punishment for this offence is provided upto 07 years. The antecedents of the petitioner are clean and clear, except this case, he is not involved in any criminal activity. The trial will take time to conclude. On the last date of hearing before the trial Court, no prosecution evidence was present and prayed for grant of bail. 3.

Notice of motion.

Anju Goel 2025.08.11 13:04 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-42165-2025 -24.

Mr. Sunny Namdev, AAG, Haryana, accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail to the petitioner. He submits that if the petitioner is released on bail, he can be indulged in similar type of activities. He has filed his custody certificate, which is taken on record.

5.

Heard.

6.

Keeping in view the fact that the present petitioner is in custody for over 03 months 28 days; not involved in any other case except the present one; investigation has already been completed; trial will take time to conclude; no fruitful purpose would be served by keeping him in custody for any further period, as concession of bail cannot be denied just as measure of punishment and bail is rule, jail is exception, I deem it a fit case to grant the concession of regular bail to the petitioner. 7.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 8.

However, it is made clear that in case the petitioner misses any date of hearing without making any application seeking exemption from his personal appearance before the learned trial Court or delay the trial, the bail granted to him shall stand cancelled.

08.08. 2025 (SUBHAS MEHLA) Anju JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.08.11 13:04 I attest to the accuracy and integrity of this document Chandigarh