Ravi Kumar Daroga Vs State of Haryana

This petition for bail is the first petition, filed by the petitioner under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. This petition has been filed with regard to a case arising out of FIR No.211 dated 05.11.2025 for the commission of offence punishable under Section 105 of Bharatiya Nyaya Sanhita, Police Station Saha, District Ambala.

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Briefly stating the facts emerging from record are that the FIR of this case came into being at the instance of ‘Anand Kumar’, hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant that on 04.11.2025 he came to know that the car of his brother VIPIN KUMAR 2026.04.24 18:49 I attest to the accuracy and integrity of this document

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‘Sandeep’ was hit by a truck, and that at about 08:30 P.M., when his brother tried to stop the truck, bearing registration No. RJ-09GD-8787, the abovementioned truck driver hit his brother, resulting into his death.

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It is the case of the prosecution that on the basis of abovementioned statement initially the FIR for the commission of offence punishable under Section 106 of BNS was lodged and the investigation taken up. According to prosecution during the course of investigation on the basis of supplementary statement of the complainant Section 103 of BNS was added, but on further investigation instead of Section 103 of BNS, the case has been converted into a case for the commission of offence punishable under Section 105 of BNS.

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Reply has already been filed by learned State counsel. The same be taken on record. Custody certificate has been filed by learned State counsel. The same, too, be taken on record.

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Heard.

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It has been contended by learned counsel for the petitioner that in the present case a false story has been created by the Investigating Agency during the course of investigation, and a case for causing death by rash and negligent driving has been converted into a case of culpable homicide. It has also been contended by learned counsel for the petitioner that the petitioner has already served sentence for a period of more than five months, and that the legal heirs of deceased ‘Sandeep’ have already filed a petition for grant of compensation, before the Motor Accident Claims Tribunal.

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The learned State counsel being assisted by learned counsel for the complainant has controverted the above-mentioned arguments. According

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to learned State counsel in fact during the course of investigation, it was found that the death of ‘Sandeep’ had taken place due to a deliberate act of the petitioner, and therefore, Section 105 of BNS has been invoked in this case.

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The record has been perused carefully.

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A perusal of record shows that in the present case, following are

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the relevant factors which are required to be taken into consideration for a decision: -

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i) that the petitioner is already in custody for a period of more than five months and thirteen days;

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ii) that the investigation in this case is already complete, and therefore, nothing has been left to be recovered from the possession of petitioner;

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iii) that the petitioner has clean antecedents;

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iv) that the trial is not likely to be concluded in near future;

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v) that the detention of petitioner in judicial lock-up is not likely to serve any useful purpose;

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vi) that there is nothing on record to show that if released on bail, the petitioner may tamper with the evidence or influence the witnesses;

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vii) that there is nothing on record to show that if released on bail, the petitioner will not co-operate/participate in the trial.

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In the present case, the principles of law laid down by the Hon’ble

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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

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has been placed on an accused with regard to some specific offences but that is VIPIN KUMAR 2026.04.24 18:49 I attest to the accuracy and integrity of this document

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another matter and does not detract from the fundamental postulate in respect 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”.

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The principles laid down by the Hon’ble the Supreme Court of India in the case of ‘Satender Kumar Antil Vs. Central Bureau of Investigation and Another’ (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 with continued custody would be a case of grave

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injustice”.

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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”.

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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 the accused as mandated by Hon’ble Apex court in “Balwinder Singh versus State of Punjab and Another”, 2024 SCC Online SC 4354.

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If the cumulative effect of all the abovementioned factors, involved in the instant case, is taken into consideration, it leads to a conclusion that the petitioner is entitled for the benefit of bail, and that the present petition deserves to be allowed.

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Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed . The petitioner is hereby ordered to be released on bail on furnishing personal bond and surety bond(s) to the

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satisfaction of learned trial Court. However the abovesaid concession shall be subject to following conditions:-

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(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 to disclose such facts to the Court or to any other authority.

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(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

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(iii) that the petitioner shall not leave India without prior permission of the trial Court.

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(SURYA PARTAP SINGH) JUDGE

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24.04.2026 vipin Whether speaking/reasoned Yes/No Whether reportable Yes/No

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Ravi Kumar Daroga v. State of Haryana

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Ravi Kumar Daroga v. State of Haryana

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