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Punjab-Haryana High Court
Amit Kumar vs State Of Punjab on 18 March, 2026
CRM-M-60564-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
114
CRM-M-60564-2025 (O&M)
Date of decision: 18.03.2026
Amit Kumar ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. GS Ghuman, Advocate for the petitioner. (through VC)
Mr. Manipal Singh Atwal, DAG, Punjab.
*****
AMAN CHAUDHARY, J. (ORAL)
CRM-11895-2026
Having heard learned counsel for the parties and in view of the
reasons mentioned in the application, same is allowed.
Main Case
1. Prayer in the present petition filed under Section 483 BNSS is for
grant of regular bail to the petitioner in case FIR No.0409 dated 05.12.2024,
registered under Sections 126(2), 351(2) BNS (124(1), 3(5) BNS added later
on), at Police Station City Kharar, District SAS Nagar (Mohali).
2. Learned counsel contends that the petitioner has been in custody
for about 6 months. He was initially involved in bailable offences, however,
after 6 months on 24.09.2025, arrested on account of addition of non-bailable
offences under Sections 124(1), 3(5) BNS. The allegations against the petitioner
are of having poured hot water on the back of the complainant at the instigation
of his mother, who has since been granted bail by this Court vide order dated
10.02.2026. There is a delay of 10 days in lodging the FIR. It is a case of
dispute between the mother-in-law and daughter-in-law. Challan has been
presented on 26.09.2025, charges have been framed on 15.12.2025 but none, out
of 11 PWs, has been examined. He is not involved in any other case.
3. The custody certificate dated 17.03.2026, filed by the learned State
counsel is taken on record. As per the same, the petitioner is behind bars for 5
months and 21 days.
4. Learned State counsel opposes the bail on the ground that there are
specific allegations against the petitioner of having poured boiling water on the
back of the complainant. He, however, is unable to controvert with regard to
stage, petitioner being not involved in any other case and co-accused having
been on bail.
5. Heard.
6. Considering the facts and circumstances of the case, in particular
that the petitioner is in custody for last 5 months and 21 days; not involved in
any other case; co-accused is on bail; challan was presented on 26.09.2025,
charges were framed on 15.12.2025 and out of 11 PWs, none has yet been
examined, the trial is likely to take a considerable time, further incarceration of
the petitioner would be violative of his right enshrined under Article 21 of the
Constitution of India, the present petition is allowed.
7. The petitioner is ordered to be released on regular bail, subject to
furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate
concerned, if not required in any other case and shall abide by the following
conditions:-
(i) The petitioner will not tamper with the evidence
during the trial.
(ii) The petitioner will not pressurize/ intimidate the
prosecution witnesses.
(iii) The petitioner will appear before the trial Court on
each and every date fixed, unless is exempted by a
specific order of Court.
(iv) The petitioner shall not commit an offence similar to
the offence of which, he is an accused, or for
commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce,
induce, threaten or promise to any person acquainted
with the facts of the case so as to dissuade him/ her
from disclosing such facts to the Court or to any
police officer or tamper with the evidence in any
manner.
(vi) The petitioner shall not in any manner misuse his
liberty.
(vii) The petitioner shall furnish his address and mobile
number by way of an affidavit to the trial Court and
not change the same till conclusion of trial and if for
any reasons, he seeks to change either of the aforesaid,
it shall be done only with prior information to the
learned trial Court.
(viii) The petitioner shall not leave the country without prior
permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other
condition, as deemed appropriate while releasing the
petitioner.
8. It is made abundantly clear that in case there is any breach of the
aforesaid conditions, the State shall be at liberty to seek cancellation of bail as
granted to the petitioner by this order.
9. In view of the above, it is clarified that the observations made
herein above are limited for the purpose of present proceedings and would not
be construed as any opinion on the merits of the case and the trial would
proceed independently of the aforesaid observations.
(AMAN CHAUDHARY)
JUDGE
18.03.2026
ashok
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
