Punjab-Haryana High Court
Padam vs State Of Haryana on 24 April, 2026
CRM-M No.21422 of 2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
233 CRM-M No.21422 of 2026 (O&M)
Date of Decision: 24.04.2026
Padam
......Petitioner
Versus
State of Haryana
...... Respondent
CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH
Present: Mr. Rahul Bunger, Advocate for the petitioner.
Mr. Vishal Singh, AAG, Haryana.
SURYA PARTAP SINGH, J. (Oral):
This is first petition for bail, filed by the petitioner under Section 483 of the 'Bharatiya Nagarik Suraksha Sanhita 2023'. This petition pertains to a case arising out of FIR No.0234 dated 11.08.2025 for the commission of offence punishable under Sections 103(1), 109(1), 115(2), 126(2), 190, 191(2), 238(b) and 351(3) of Bharatiya Nyaya Sanhita 2023, Police Station Sector 9-A, District Gurugram.
2. The abovementioned FIR came into being at the instance of 'Sapna', hereinafter being referred to as 'complainant' only. It was stated by the complainant that on 10.08.2025 she received a call from 'Vipin' who was son of her brother-in-law. As per complainant 'Vipin', who was an auto rickshaw driver by profession informed her that near Ravi Nagar Patrol Pump a passenger had picked up quarrel with him. As per complainant she along with another son of her brother-in-law, namely 'Vinay', went to the spot, where she MANOJ KUMAR 2026.04.24 20:03 I attest to the accuracy and integrity of this document CRM-M No.21422 of 2026 (O&M) 2 found that 5-6 unknown person holding sticks and steel rods were thrashing 'Vipin'. According to complainant when she tried to rescue 'Vipin' she, too, came under attack and thereafter, public gathered on the spot and assailants fled from the spot.
3. It is the case of the prosecution that in view of above mentioned complaint formal FIR of this case was lodged and the investigation taken up. According to prosecution, during the course of investigation, the above named 'Sapna' and 'Vinay' got their statements recorded wherein they disclosed the name of the petitioner and his co-accused.
4. Notice of motion.
5. Since advance notice has already been served upon the State, Mr. Vishal Singh, AAG, Haryana, has appeared on behalf of respondent-State. Hence, service of notice upon the State is hereby dispensed with. He has filed custody certificate of the petitioner. The same be taken on record. No formal reply has been filed by the State. However, the learned State counsel has orally opposed the present petition.
6. Heard.
7. The record has been perused carefully.
8. A perusal of the record shows that following are the relevant factors which are required to be taken into consideration for a decision in the present petition:-
i) that the petitioner is already in custody for a period of eight months and seven days;
ii) that the name of the petitioner did not figure in the FIR; MANOJ KUMAR 2026.04.24 20:03 I attest to the accuracy and integrity of this document
CRM-M No.21422 of 2026 (O&M) 3
iii) that subsequently, on the basis of supplementary statement of Sapna and Vinay, the name of the petitioner for the first time came into picture with regard to present case;
iv) that the investigation is already complete, and therefore, nothing has been left to be recovered from the possession of petitioner;
v) that the deposition of 'Sapna' and 'Vinay' have already been recorded by the learned trial Court, and both of them have not supported the prosecution case with regard to involvement of the petitioner in the commission of crime;
vi) that the trial of this case is not likely to be concluded in near future;
vii) that the detention of petitioner in judicial lock-up is not likely to serve any purpose;
viii) that there is nothing on record to show that if released on bail, the petitioner may tamper with the evidence or influence the witnesses;
ix) that there is nothing on record to show that if released on bail, the petitioner will not co-operate/participate in the trial.
9. In the present case, the principles of law laid down by the Hon'ble Supreme Court of India in the case of 'Dataram versus State of Uttar Pradesh and another', (2018) 3 SCC 22, are relevant, wherein it has been observed that "a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect MANOJ KUMAR 2026.04.24 20:03 I attest to the accuracy and integrity of this document CRM-M No.21422 of 2026 (O&M) 4 of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case".
10. The principles laid down by the Hon'ble the Supreme Court of India in the case of 'Satender Kumar Antil v. Central Bureau of Investigation' (2022) 10 SCC 51 are also relevant in this case. In the abovementioned case, it has been observed that "the rate of conviction in criminal cases in India is abysmally low. It appears to us that this factor weighs on the mind of the Court while deciding the bail applications in a negative sense. Courts tend to think that the possibility of a conviction being nearer to rarity, bail applications will have to be decided strictly, contrary to legal principles. We cannot mix up consideration of a bail application, which is not punitive in nature with that of a possible adjudication by way of trial. On the contrary, an ultimate acquittal MANOJ KUMAR 2026.04.24 20:03 I attest to the accuracy and integrity of this document CRM-M No.21422 of 2026 (O&M) 5 with continued custody would be a case of grave injustice".
11. Recently, in the case of 'Tapas Kumar Palit Vs. State of Chhattisgarh', 2025 SCC Online SC 322, the Hon'ble Supreme Court of India has observed that "if an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been infringed". It has also been observed by the Hon'ble Supreme Court of India in the abovementioned case that "delays are bad for the accused and extremely bad for the victims, for Indian society and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently".
12. To elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to an undertrial prisoner, as mandated by Hon'ble Apex court in 'Balwinder Singh versus State of Punjab and another' 2024 SCC Online SC 4354.
13. Taking into consideration the cumulative effect of all the aforesaid factors, it is hereby held that the petitioner is entitled for the concession of bail, and that the present petition deserves to be allowed.
14. Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed. The petitioner is hereby ordered MANOJ KUMAR 2026.04.24 20:03 I attest to the accuracy and integrity of this document CRM-M No.21422 of 2026 (O&M) 6 to be released on bail on furnishing personal bond and surety bond(s) to the satisfaction of learned trial Court. However, the abovesaid benefit shall be subject to following conditions:-
i) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any other authority;
ii) that the petitioner shall at the time of execution of bond, furnish the address to the Court concerned and shall notify the change in address to the trial Court, till the final decision of the trial;
and
iii) that the petitioner shall not leave India without prior permission of trial Court.
15. It is, however, made clear that any observation made hereinabove is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case.
(SURYA PARTAP SINGH) JUDGE 24.04.2026 Manoj Bhutani Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2026.04.24 20:03 I attest to the accuracy and integrity of this document