Shayam Karan Alias Shyamkaran Basor v. State Of Punjab

Prayer in the present petition n filed under Section 483 of BNSS is fo or grant of regular bail to the p petitioner in case FIR No.193 dated 27.06 6.2022, registered under Sectio ons 302, 148 and 149 IPC, at Police Stati on Sahnewal, District Ludhiana.

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2.

Learned counsel contends th at the petitioner has been in custody for 3 years and 5 months. He alleg es false implication. There is a delay of 1 day lodging the FIR. The alle egation against him is being a member of f the unlawful assembly, howev ver, neither any overt act nor specific inj jury has been attributed to him m. Charges stand framed on 20.09.2023, , however only 5 out of 15 PW Ws have been examined. He is not involved d in any other case.

3.

The custody certificate dated 29.11.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 3 years and 5 months.

4.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having connived with the co-accused who inflicted injury on the deceased and recovery of an iron rod has been effected from him. However, he is unable to controvert the submissions with regard to stage of the case and the petitioner being not involved in any other case. 5.

Heard.

6.

7.

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.

8.

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. 9.

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.