High Court of Punjab and HaryanaCRM-M/69120/2025allowed

Sunny Kumar v. State Of Punjab

2026-02-18Mr. Justice Sumeet Goel7 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Date of decision: 18.02.2026 Date of uploading: 18.02.2026

" CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present:

Mr. Mikhail Kad, Advocate for the petitioner.

***** SUMEET GOEL, J. (ORAL) 1.

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P a g e | 3 3.

Learned counsel for the petitioner has submitted that the petitioner was initially arrested on 22.06.2023. 0

$%& 2 . 0 has further argued that the prime prosecution witness namely PW-Mohit Kumar (who is also alleged to have suffered injuries) has turned hostile. 0

has further argued that the petitioner is in custody for the last more than 2 years, 7 months & witnesses are not coming forth despite repeated bailable warrants having been issued against them. To buttress his arguments, learned counsel for the petitioner has relied upon zimni orders dated 19.05.2025, 02.06.2025, 03.07.2025, 28.07.2025, 01.09.2025, 09.10.2025 and 10.11.2025 passed by the trial Court. Thus, regular bail is prayed for.

0 has vehemently opposed the present petition by arguing that the allegations raised are serious in nature and, hence, the petitioner does not deserve the concession of regular bail. 0 6

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I have heard counsel for the parties and have gone through the available records of the case.

It is not in dispute that the petitioner came to be arrested on 22.06.2026 whereinafter investigation was carried out and challan was presented on 15.04.2024. Total 24 prosecution witnesses have been cited and out of which only 7 have been examined. It is not in dispute that one of the prime witnesses namely PW-Mohit Kumar has turned hostile. It is

P a g e | 4 not in dispute that the conclusion of trial will take long time. At this juncture, it would be apposite to refer herein to the dicta passed by the Hon'ble Supreme Court Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR (Criminal) 494, relevant whereof reads thus:

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P a g e | 6 6.2.

As per the custody certificate dated 17.02.2026 filed by the learned State counsel, the petitioner has suffered incarceration for 2 years, 7 months & 21 days and is shown to be involved in one other case/FIR. ; 8

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Suffice to say, the further detention of the petitioner in custody is not required in the facts and circumstances of the case. 7.

The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

P a g e | 7 (iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

11.

Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. (SUMEET GOEL) JUDGE February 18, 2026

1 Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No