Sunil Alias Shastri Vs State of Haryana

The petitioner has filed the instant petition under Section 439 of the Cr.P.C. with a prayer to grant regular bail in case FIR No.597 dated 05.11.2016 registered under Sections 148, 149, 323, 307, 452 IPC (corresponding Sections 190, 191(3), 115(2), 109, 333 of BNS) and Sections 25/54/59 of Arms Act at Police Station Sadar Bahadurgarh, District Jhajjar.

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Learned counsel for the petitioner contends that as per the prosecution case the petitioner along with his co-accused had caused injuries to Rakesh and Ashok. However, the injury which attracted the offence under Section 307 IPC was not attributed to the petitioner. Learned counsel further submits that the petitioner was initially arrested in the present case on 20.12.2016 and was later on released bail by the trial Court on 22.02.2017 (Annexure P-2). Later on, he absented during trial and was declared

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TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document

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CRM-M-15482-2026 (O&M) -2-

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proclaimed offender on 11.02.2025. The petitioner was re-arrested on 09.12.2025 and since then he is in custody. Learned counsel further submits that even though 07 more FIRs have been ordered to be registered against the petitioner, but he is on bail in most of the cases.

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On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he is a habitual offender. Learned State counsel further contends that 07 more cases have been registered against him, therefore, the present petition deserves to be dismissed by this Court.

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I have heard the learned counsel for the parties and perused the record with their assistance.

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It is not in dispute that the petitioner was granted the concession of bail in the present case on 22.02.2017 by the trial Court (Annexure P-2) and thereafter he was regularly appearing before the trial Court. However, during trial he absented and was declared as proclaimed offender by the competent Court. Now the petitioner has been arrested again and in custody since 09.12.2025. Still further the registration of other criminal cases is no ground to reject the present bail petition as the petitioner has been able to make out to case for grant of bail.

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In the peculiar facts and circumstances of the present case, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the

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CRM-M-15482-2026 (O&M)

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concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:-

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(i) 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) The petitioner shall remain present before the Court on the dates fixed for hearing of the case.

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(iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned.

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(iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect.

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(v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court.

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(vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously.

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(vii) The concerned Court may insist on two heavy local suretiesand may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.

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(viii) Upon his release from custody, the petitioner shall report to the concerned SHO on the first Monday of every month as per the English calendar, and the concerned SHO shall mark his attendance.

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7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard.

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Pending application(s), if any, is/are disposed of.

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July 23, 2026 (N.S.SHEKHAWAT) tripti JUDGE Whether speaking/non-speaking : Speaking Whether reportable : Yes/No

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TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document

Sunil Alias Shastri v. State of Haryana

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Sunil Alias Shastri v. State of Haryana

Case brief

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