CRM-M/24082/2026 of MOHAMMAD AAMIR Vs STATE OF PUNJAB on 28 July 2026

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IN THE HIG IN THE HIG IN THE HIG IN THE HIG

Mohammad A

State of Punja

Date of Date of Date of Date of Decis Decis Decis Decis Date of Uploa Date of Uploa Date of Uploa Date of Uploa

CORAM:

CORAM:

CORAM:

CORAM:

Present: Present: Present: Present:-

SUMEET GO SUMEET GO SUMEET GO SUMEET GO

attempt seeki registered for BNS, 2023 ( Daresi, Ludhi

2. tenant in one Kumar that o face mask and keep the sam shop until his

GH COURT OF PUNJAB AND H GH COURT OF PUNJAB AND H GH COURT OF PUNJAB AND H GH COURT OF PUNJAB AND H

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24082-2 Aamir Versus ab sion sion sion sion: : : : July 28 July 28 July 28 July 28, 2026 , 2026 , 2026 , 2026 ading: ading: ading: ading: July 28 July 28 July 28 July 28, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUME HON’BLE MR. JUSTICE SUME HON’BLE MR. JUSTICE SUME HON’BLE MR. JUSTICE SUME Ms. R.K. Grewal, Advocate (presence marked through video presence marked through video presence marked through video presence marked through video- Mr. Deepanshu Meena, Advocate Mr. Adhiraj Singh Thind, AAG P ***** ***** ***** ***** OEL OEL OEL OEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition filed under Sect ing regular bail, in case bearing r the offences punishable under S Sections 109, 3(5) of the BNS a iana. The gravamen of the FIR is tha e of the complainant’s shops, inf on 20.09.2025 at about 7:30 PM, a d a cap, had purchased a briefcase me, along with a cardboard box w s return. At about 8:30 PM, Ajay

HARYANA AT CHANDIGARH HARYANA AT CHANDIGARH HARYANA AT CHANDIGARH HARYANA AT CHANDIGARH

….Petitioner …Respondent EET GOEL EET GOEL EET GOEL EET GOEL conferencing conferencing conferencing conferencing) and e for the petitioner. Punjab. tion 483 of the BNSS is the 2nd g FIR No.102 dated 25.09.2025, Sections 125, 62, 326, 324 of the added later on), at Police Station at on 24.09.2025, Ajay Kumar, a formed the complainant–Rajinder an unidentified person, wearing a e for ₹500/- and requested him to rapped in a polythene bag, at the Kumar noticed a strong smell of r t d , e n a r a o e f MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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petrol emanating from the cardboard box. Upon opening it in the presence of the Market President, Honey Marwaha, they found electrical wires, a timepiece, iron particles, and matchboxes inside. Suspecting that the articles were intended to be used for setting the market on fire, they immediately informed the police.

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 25.09.2025. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further urged that trial in question is not progressing and the fault thereof is not attributable to the petitioner. Learned counsel has further submitted that offence under Section 109 of the BNS, 2023 (erstwhile Section 307 of the IPC) is not made out against the petitioner. Learned counsel has further submitted that the petitioner has already suffered incarceration for more than 09 months and is a person with clean antecedents. Learned counsel has further urged that none has been injured in the alleged incident. Thus, regular bail is prayed for.

4. Per contra, learned State counsel has filed affidavit dated 27.07.2026, in Court today, which is taken on record. Raising submissions in tandem with the said affidavit, learned State counsel has opposed the present petition by arguing that allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned counsel seeks to place on record the custody certificate dated 27.07.2026, in the Court today, which is taken on record.

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

6. The petitioner was arrested on 25.09.2025, whereinafter, the investigation was carried out and the challan has been presented on 24.12.2025. Total 20 prosecution witnesses have been cited and it is conceded case before MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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this Court that none has been examined till date. It is, thus, indubitable that culmination of trial will take its own time. The rival contention raised at Bar give rise to debatable issues, which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6.1. As per custody certificate dated 27.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 09 months and 26 days, & is not shown to be involved in any other FIR(s).

6.2. Indubitably, the present petition is the 2nd attempt by the petitioner to secure regular bail. The last bail plea was dismissed as withdrawn on 12.01.2026. Keeping in view the entirety of the factual milieu of the case in hand; especially, the factum of challan having been presented, nobody have been injured, the petitioner being not involved in any other FIR(s), extended custody of the petitioner & pace of trial; this Court is inclined to affirmatively consider the instant petition. A profitable reference, in this regard, can be made to a judgment of this Court passed in CRA CRA CRA CRA-S-2332

2332-2023

2023 titled as Rafiq Khan Rafiq Khan Rafiq Khan Rafiq Khan versus State of Haryana and another versus State of Haryana and another versus State of Haryana and another versus State of Haryana and another; relevant whereof reads as under: “10.

As an epilogue to the above discussion, the following principles emerge: I Second/successive regular bail petition(s) filed is maintainable in law & hence such petition ought not to be rejected solely on the ground of maintainability thereof.

II. Such second/successive regular bail petition(s) is maintainable whether earlier petition was dismissed as withdrawn/dismissed as not pressed/dismissed for non-prosecution or earlier petition was dismissed on merits.

MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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III For the second/successive regular bail petition(s) to succeed, the petitioner/applicant shall be essentially/pertinently required to show substantial change in circumstances and showing of a mere superficial or ostensible change would not suffice. The metaphoric expression of seeking second/successive bail plea(s) ought not be abstracted into literal iterations of petition(s) without substantial, effective and consequential change in circumstances.

IV No exhaustive guidelines can possibly be laid down as to what would constitute substantial change in circumstances as every case has its own unique facts/circumstance. Making such an attempt is nothing but an utopian endeavour. Ergo, this issue is best left to the judicial wisdom and discretion of the Court dealing with such second/successive regular bail petition(s).

V In case a Court chooses to grant second/successive regular bail petition(s), cogent and lucid reasons are pertinently required to be recorded for granting such plea despite such a plea being second/successive petition(s). In other words, the cause for a Court having successfully countenanced/entertained such second/successive petition(s) ought to be readily and clearly decipherable from the said order passed.”

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. 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.

(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 cellphone 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.

MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment

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8. 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.

9. 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 SUMEET GOEL SUMEET GOEL SUMEET GOEL)

JUDGE JUDGE JUDGE JUDGE July 28 July 28 July 28 July 28, 2026 , 2026 , 2026 , 2026 mahavir

Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2026.07.28 16:15 I attest to the accuracy and authenticity of this order/ judgment