Jakir v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 07.11.2025 Jakir ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Jai Singh Yadav, Advocate for the petitioner. ***** SUBHAS MEHLA , J. (Oral) 1.

By way of the present petition, the petitioner is seeking regular bail in case FIR No.131, dated 22.07.2025, registered under Sections 115, 118(1), 190, 191(3), 324(5), 351(3) of BNS wherein offence under sections 109 and 117(2) of BNS were added later on, at Police Station Rozka Meo, District Nuh.

2.

Learned counsel for the petitioner contended that the present petitioner has been falsely implicated in the present case and he is in custody since 29.08.2025. It is further contended that the allegation against the present petitioner is of causing an injury on the shoulder of Vakil, which is simple in nature, and there is a version and cross version in this case and FIR against the complainant party is annexed as Annexure P-2. It is further contended that two of the co-accused, namely, Abubakar Saddik and Mujibur Rehman have already been granted concession of interim bail by this Court vide orders dated 02.09.2025 and 09.09.2025 passed in CRM-M-48882-2025

( 2 ) and CRM-M-50539-2025 respectively; and the trial will take sufficient time to conclude; thus, the petitioner deserves to be granted bail. 3.

Notice of motion.

4.

Mr. Aditya Pal Singla, AAG, Haryana, puts in appearance as advance copy of petition had been served to respondent-State. It is contended that some of the accused are yet to be arrested in this case; the matter is still under investigation; and one more case is pending against the present petitioner, hence, prayed for dismissal of the present petition. 5.

Heard.

6.

Keeping in view the facts and circumstances of the present case; this Court finds that the injury attributed to the present petitioner is simple in nature; two of the co-accused, namely, Abubakar Saddik and Mujibur Rehman have already been granted concession of interim bail by this Court vide orders dated 02.09.2025 and 09.09.2025 passed in CRM-M-48882-2025 and CRM-M-50539-2025 respectively; investigation qua the present petitioner has been completed; there is a version and cross version case; and the petitioner's party also received injuries; trial will take sufficient time to conclude and no fruitful purpose would be served by keeping him in custody for any further period, as concession of bail cannot be denied just as a measure of punishment and it is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems 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

( 3 ) on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 8.

Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial.

( SUBHAS MEHLA ) 07.11.2025 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No