Ajay Kumar v. State Of Punjab

Prayer in the present petition f filed under 483 of BNSS is for grant of r regular bail to the petitioner in case FIR No.521 dated 31.10.2023, , registered under Sections 304 and 279 IPC, at Police Station Division No o.7, District Ludhiana.

2.

Learned counsel contends th at the petitioner has been in custody for 2 years and more than 2 month hs. The complainant is already inimical to owards him on account of th he fact that the former after commission n of theft in the latter's house, h has levelled false and baseless allegations without there being any role p played by him. Charges have been frame ed on 02.07.2024, however only y 1 PW stands examined and there are sti ill 10 more to go. He is not invo lved in any other case.

3.

The custody certificate dated 08.01.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 years, 2 months and 6 days.

4.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of involvement in the commission of offence. 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.