Jitender Sharma v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 09.09.2025 Jitender Sharma ....Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Dhruv Mittal, Advocate for the petitioner.

Mr. Parmod Kumar, AAG, Haryana.

Mr. Manish Dhankhar, Advocate for the complainant.

***** AMAN CHAUDHARY. J.

1.

The present petition filed under Section 483 of the BNSS 2023 for grant of regular bail to the petitioner in case FIR No.220 dated 17.06.2021, under Sections 406, 420 IPC 1860, wherein later on Section 467, 468, 471 of IPC, 1860 were added, registered at Police Station Nissing, District Karnal (Annexure P-1). 2.

Learned counsel contends that the petitioner has been in custody for about 50 days and the entire loan amount stands paid. He alleges false implication. Challan was presented on 19.03.2022 and charges were framed on 22.07.2022, however, out of 10 prosecution witnesses, only 1 has been examined. It is a case of magisterial trial. The petitioner is not involved in any other case. 3.

Learned State counsel and learned counsel for the complainant

-2oppose the bail on the ground that there are specific allegations against the petitioner. However, learned State cousnel is unable to controvert the submissions with regard to custody, stage of the case and the petitioner not being involved in any other case.

4.

Heard.

5.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last about 50 days; out of 10 prosecution witnesses only 1 has yet been examined, the trial is likely to take a considerable time, in view of which the 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.

6.

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.

-3- (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.

7.

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.

8.

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.

(AMAN CHAUDHARY) JUDGE 09.09.2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No