Harbhajan Singh v. State Of Haryana

1.

Prayer in the present petition n filed under Section 483 of BNSS, 202 23 is for grant of regular bail to the petitioner in case FIR No.125 date ed 09.06.2025, registered at Poli ice Station Ismailabad, District Kurukshetra a, under Sections 191(3), 118(1 ), 190, 115(2), 351(2), 109(2), 110 and 3(5

5) of BNS.

2.

Learned counsel contends th at the petitioner has been in custody for r 7 months and 11 days. He a alleges false implication. The allegations against him are of having rais sed lalkara and caused injury with kassi o on the head of the complainant t, be that as it may, the matter stands com mpromised between the parties, an affidavit dated 17.02.2026 has also be een filed in the Court in this re egard. Earlier, he was granted

interim bail for 49 days, which he had never misused. Further that, coaccused namely, Surjeet Singh has since been granted bail by this Court, vide order dated 27.11.2025, Annexure P-4. Charges have been framed on 22.12.2025, however none out of 21 PWs has been examined. He is not involved in any other case.

3.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having caused injury on the head of the complainant. However, he is unable to controvert the submissions with regard to stage of the case; the petitioner being not involved in any other case and the co-accused having been released on bail.

4.

Learned Senior Counsel for the complainant affirms the factum of compromise and has no objection for grant of bail to the petitioner.

5.

Heard.

6.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 7 months and 11 days; on interim bail for 49 days, which he never misused; not involved in any other case; the co-accused is on bail; charges stand framed on 22.12.2025; prosecution evidence has to commence; in all there are 21 PWs; the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

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.