CRM-M/33161/2026 of PRATHAM SHARMA Vs STATE OF PUNJAB on 17 July 2026

1. Present has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No. 230 dated 28.09.2019 registered for the offences punishable under Sections 379-B, 411 & 34 of the IPC (Section 411 IPC added subsequently), at Police Station Civil Lines, Amritsar.

2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:- “Statement by Anurag Sharma son of Sanjeev Sharma resident of house number 71, Rani Ka Bagh Amritsar stated that I am a resident of the above address and +2 student of DAV Public School. Today I was sitting in front of my friend Kartik Mahajan son of Sarvuday Mahajan resident of RRS Bhawan Rani Ka Bagh Amritsar and Pratham son of Naresh Kumar resident of 136-B Rani Ka Bagh ON my Activa PB02-DG-1535 white colour who were sitting behind me and we were going from Ranjit Avenue to Session Chowk, through Kumar International Hotel and Realty Chownk to

Court Road and at around 8:15 pm when we entered Mahindra Colony through Federal Bank Street then suddenly from behind we saw a black motorcycle without number plate but the rider was a handsome young man wearing a helmet who stopped us by putting us in front of the motorcycle and snatched my mobile holding in my right hand brand Samsung A- 50 having SIM card is 78885-44018 with IMEΙ ΝΟ 356129108193811, 356130108193819 and my friend Pratham's two mobiles, Redmi Note-4 with SIM number 78888- 47421 with ΙΜΕΙ ΝΟ 865221039711565, 865221039711573, are also snatched by person sitting behind the motorcycle and fled on the bullet motorcycle to the Ajnala road side. We three went home and informed our parents and now after consulting, we have come to the police station to inform them. Legal action should be taken. xxxxxxx.”

3. Learned counsel appearing for the petitioner has argued that the petitioner was initially arrested on 02.10.2019 whereinafter he was granted the concession of regular bail but he could not appear in time before the concerned trial Court on account of mis-communication with his learned trial Court counsel. He has further submitted that the petitioner was re-arrested on 15.10.2025 and is in continuous custody since then. Learned counsel appearing for the petitioner has further submitted that the petitioner is a man aged 35 years with clean antecedents. He has further argued that there is no tangible/palpable evidence available against the petitioner in the prosecution challan. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, he does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 16.07.2026 in Court, which is taken on record.

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

6. The petitioner was initially arrested on 02.10.2019 whereinafter he jumped bail and was subsequently re-arrested on 15.10.2025. It is not in dispute before this Court that the petitioner is in custody since the date of his re-arrest i.e. 15.10.2025. The rival contentions raised at Bar give rise to debatable issues, which shall 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.

As per custody certificate dated 16.07.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 1 year, 02 months and 20 days & is not shown to be involved in any other FIR.

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. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/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.

8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/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 of.

(SUMEET GOEL)

JUDGE 17.07.2026 Naveen

Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No