CRM-M/26198/2026 of SOMBIR ALIAS VIKRAM Vs STATE OF HARYANA on 17 July 2026

1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) seeking regular bail to the petitioner in case FIR No.1024 dated 05.10.2018, registered under Sections 379-B, 395 and 397 IPC (corresponding to Sections 304, 310(2) and 311 of BNS, 2023), and Sections 25, 54 and 59 of the Arms Act, 1959, at Police Station Sadar Jhajjar, District Jhajjar.

2. The case of the prosecution is that when the complainant Sanjay, along with his driver Rahul, was travelling from Gurugram to Rohtak in a Creta car, they stopped near Dujana to answer the call of nature, three young men arrived on a motorcycle and, on the pretext of seeking directions, overpowered them. Two of the assailants allegedly pointed pistols at the complainant and the driver, assaulted the complainant with the butt of a pistol

Chandigarh and robbed them of the Creta car, cash amounting to ₹7.50 lakhs, four mobile phones and other articles before fleeing from the spot.

3. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and has been implicated only on the basis of the disclosure statement of a co-accused. It is further submitted that the petitioner was earlier granted the concession of regular bail by a Coordinate Bench of this Court vide order dated 09.04.2019 passed in CRM-M-4442-2019 (Annexure P- 2). However, on account of his non-appearance before the trial Court, he was declared a proclaimed offender and, thereafter, he surrendered before the trial Court in November, 2025. It is also submitted that the petitioner is in custody for the last more than 01 year, 01 month and 18 days. He, therefore, prays for release of the petitioner on regular bail as the trial is likely to take a long time because only 15 PWs out of 26 cited prosecution witnesses have been examined so far.

4. Notice of motion.

5. On the asking of the Court, Mr. Vijay Kumar, AAG, Haryana., accepts notice on behalf of the respondent and vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the custody certificate of the petitioner in Court, which is taken on record. As per the custody certificate, the petitioner is in custody for the last more than 01 year, 01 month and 18 days. He, upon instructions, submits that only 15 PWs out of 26 cited prosecution witnesses have been examined so far.

6. I have heard the learned counsel for the parties and perused the record.

Chandigarh

7. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 01 year, 01 month and 18 days, and that the trial is likely to take a long time to conclude as only 15 PWs out of 26 cited prosecution witnesses have been examined so far, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice.

8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

9. However, it is made clear that in case the petitioner misuses the concession of bail, the State/complainant would be at liberty to seek cancellation of his bail.

(H.S.GREWAL) July 17, 2026

JUDGE Sonia

Whether speaking/reasoned : Yes/No

Whether reportable

: Yes/No

Chandigarh