Manish v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-49925-2025 (O&M) Reserved on : 10-09-2025 Pronounced on: 11.09.2025 Manish ........Petitioner(s)

Versus

State of Haryana ........Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Devender Singh, Advocate and Mr. Nitin Sejwal, Advocate Mr. Deepak Gulia, Advocate for the petitioner(s).

Ms. Shaveta Sanghi, DAG, Haryana.

*** ANOOP CHITKARA, J. (Oral) FIR No.

Dated Police Station Sections 28.01.2024 DLF Phase 1, Gurugram 146, 148, 149, 302, 307, 323, 325, 427, 460 IPC 1.

The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking interim bail for a period of sixty days.

2.

The petitioner seeks interim bail on the ground that his wife is suffering from severe pain in hip and numbness and is diagnosed with FEMUR FIBRO-OSSEUS LESION and the doctors have advised surgery, which was scheduled for 28.08.2025 at AIIMS Hospital, Delhi and as such, in order to take care of her, he needs interim bail. The petitioner has also produced on record the affidavit of his wife dated 08.09.2025, wherein she has deposed that since her surgery could not take place due to absence of any responsible family member, now the doctors have scheduled her next medical check-up on 12.09.2025.

3.

Counsel for the petitioner submits that denial of interim bail would cause an irreversible injustice to the petitioner and family. Petitioner's counsel has no objection to imposing any stringent conditions in case of grant of interim bail. 4.

In paragraph 17 of the bail petition, the petitioner states that he has no criminal antecedents.

CRM-M-49925-2025 -25.

In paragraph 12(B) of the petition, it is mentioned that the surgery is scheduled from 28.08.2025. However, since her surgery could not take place due to absence of any responsible family member, now the doctors have scheduled her next medical check-up on 12.09.2025.

6.

While opposing the interim bail, the State's counsel, on instructions, does not dispute the factum of the medical ailment of the wife of the petitioner, the ground on which the petitioner is seeking interim bail. REASONING:

7.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for limited period interim bail.

8.

Given above, provided the petitioner is not required in any other case, he shall be released on interim bail from 12.9.2025 to 23.9.2025, to allow him to attend to his wife, in the FIR captioned above, subject to furnishing bonds to the satisfaction of the concerned trial Court and in case of unavailability, before any nearest Illaqa Magistrate. 9.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1.

AADHAR number 2.

Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3.

Mobile number (If available) 4.

E-Mail id (If available)

10. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence during the period of interim bail.

12.

The conditions mentioned above imposed by this court are to endeavour that the accused tries to reform, does not repeat the offence and to ensure the safety of the witnesses, victim, and their families. In Mohammed Zubair v. State of NCT of Delhi, Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A ThreeJudge bench of Hon'ble Supreme Court holds that "The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed."

CRM-M-49925-2025 -313.

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands.

14.

Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 15.

The petitioner shall surrender in prison from where he was released, on or before 23.09.2025 by 11-00 a.m.

16. The present petition is allowed, as above. All pending application(s), if any, stand disposed of.

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 11-09-2025 AK (ANOOP CHITKARA) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO