Harjinder Singh v. State Of Haryana
CRM-M-62817-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-62817-2025 (O&M) Date of decision: 16.01.2026 Anil ....Petitioner
Versus
State of Haryana
...Respondent
Harjinder Singh ....Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Salman Ahmed, Advocate for the petitioner in CRM-M-62817-2025 Mr. Manish Dhankhar, Advocate for the petitioner in CRM-M-62867-2025 Mr. Gautam Kaile, DAG Haryana ***** AMAN CHAUDHARY, J. (ORAL) 1.
These cases are disposed of by this common order as they arise out of the same FIR.
2.
Prayer in the present petitions filed under Section 483 of BNSS, 2023, is for grant of regular bail to the petitioners in case FIR No.05 dated 08.01.2022, registered under Sections 370(5), 34 IPC & Section 81 of the Juvenile Justice Care and Protection of Children Act, 2015 at Police Station DLF Phase-III, Gurugram, District Gurugram.
3.
Learned counsel contends that the petitioners have been in custody
CRM-M-62817-2025 (O&M) 2 for more than 4 years. They were not named in the FIR, however, implicated during the course of investigation, while two children were recovered from coaccused Neha, Anand and Srikant, who have since been granted regular bail by this Court vide orders dated 01.12.2025, 29.05.2024 & 28.02.2024 respectively, after being in custody for more than 3 years. Co-accused Vimla Devi has been granted bail by Hon'ble the Supreme Court on 18.09.2025, Annexure P-14. Coaccused Reena and Paramjeet Kaur alias Pammi as also Veena and Veeta alias Radha have already been granted regular bail by this Court. Charges stand framed on 17.01.2023, however, out of 49, 19 PWs, including the complainant, have been examined. The petitioners are not involved in any other case. 4.
The custody certificates dated 15.01.2026, filed by the learned State counsel is taken on record. As per the same, the petitioners are behind bars for 04 years and 2/5 days respectively.
5.
Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioners of having participated in the commission of the offence. However, he is unable to controvert the submissions with regard to stage, the petitioners being not involved in any other case and the co-accused having been enlarged on bail.
6.
Heard.
7.
Considering the facts and circumstances of the case, in particular that the petitioners are in custody for the last 4 years and 2/5 days respectively; not involved in any other case; co-accused are on bail; charges were framed on 17.01.2023, however, 19 PWs, out of 49, have been examined; the trial is likely to take a considerable time and further incarceration of the petitioners would be violative of their right enshrined under Article 21 of the Constitution of India,
CRM-M-62817-2025 (O&M) 3 the present petitions are allowed.
8.
The petitioners are 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 petitioners will not tamper with the evidence during the trial.
(ii) The petitioners will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioners will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioners shall not commit an offence similar to the offence of which, they are accused, or for commission of which they are suspected of.
(v) The petitioners 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 petitioners shall not in any manner misuse her liberty.
(vii) The petitioners shall furnish their address and mobile number by way of affidavit/s to the trial Court and not change the same till conclusion of trial and if for any reasons, they seek to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.
(viii) The petitioners 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 petitioners.
9.
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 petitioners by this order.
10.
In view of the above, it is clarified that the observations made
CRM-M-62817-2025 (O&M) 4 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. 11.
(AMAN CHAUDHARY) JUDGE 16.01.2026 M.Kamra Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No