Punjab and Haryana High Court
CRM-M/48753/2026 of TOFIK Vs STATE OF HARYANA AND ANR on 3 September 2026
THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48753-2026 Date of Decision: 03.09.2026 TOFIK ... PETITIONER VERSUS STATE OF HARYANA AND ANR ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Waqar Ahmed Khurshid, Advocate for the petitioner. Mr. Vipul Sherwal, AAG
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48753-2026 Date of Decision: 03.09.2026 TOFIK ... PETITIONER VERSUS STATE OF HARYANA AND ANR ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Waqar Ahmed Khurshid, Advocate for the petitioner. Mr. Vipul Sherwal, AAG Haryana. Mr. Arshdeep, Advocate for the complainant. **** JASJIT SINGH BEDI, J. The prayer in the present petition under Section 483 BNSS is for the grant of regular bail to the petitioner in case bearing FIR No.247 dated 05.11.2025 under Sections 109(1), 115(2), 126(2), 190, 191(3) and 3(5) of BNS Act (Sections 307(1), 323, 341, 149, 148 and 34 of IPC), registered at Police Station Sadar Tauru, District Nuh
2. The learned counsel for the petitioner contends that a compromise has been arrived at between the parties. As the petitioner is in custody since 28.12.2025 but only 01 of the 14 prosecution witnesses has been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, the petitioner is entitled to the concession of regular bail moreso when a co-accused Alauddin has been granted the concession of regular bail vide order dated 07.08.2026.
3. The learned counsel for the State, on the other hand, contends that the allegations levelled against the petitioner do not entitle him to the concession as prayed for. He, however, concedes that the petitioner is in KUSUM 2026.09.03 17:43 I attest to the accuracy and integrity of this document PHHC Chandigarh custody since 28.12.2025, that only 01 of the 14 prosecution witnesses has been examined so far and that a co-accused Alauddin has been granted the concession of regular bail vide order dated 07.08.2026.
4. The counsel for the complainant admits the factum of a compromise and states that the complainant has no objection if the petitioner is granted the concession of regular bail.
5. I have heard the learned counsel for the parties.
6. Admittedly, a compromise has been arrived at between the parties. The petitioner is in custody since 28.12.2025 but only 01 of the 14 prosecution witnesses has been examined so far and therefore, the Trial in the present case is not likely to be concluded anytime soon. In this situation, the further incarceration of the petitioner is not required moreso when a co-accused Alauddin has been granted the concession of regular bail vide order dated 07.08.2026.
7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Tofik S/o Tinna is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.
8. The petition stands disposed of. (JASJIT SINGH BEDI) JUDGE 03.09.2026 kusum Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No KUSUM 2026.09.03 17:43 I attest to the accuracy and integrity of this document PHHC Chandigarh