Manoj @ Pahelwanji v. State

1. The accused/applicant seeks regular bail in case FIR No. 346/2024 of PS Kotla Mubarak Pur for offence under Section 319(2)/318(4)/61(2) BNS. Broadly speaking, the allegation against the accused/applicant is that while sitting pillion on a motorcycle, he snatched from the complainant de facto a bag containing gold, and fled. The alleged driver of the motorcycle, namely Sukhbir @ Kallu was denied bail by this Court vide order dated 02.05.2025.

2. At the outset, learned counsel for accused/applicant submits that order dated 02.05.2025 of this Court, rejecting the bail application of accused Sukhbir @ Kallu was challenged before the Supreme Court through SLP (Criminal) 7420/2025 and the Supreme Court taking into consideration GIRISH KATHPALIA BAIL APPLN. 2429/2025 pages the period of incarceration and the entire facts and circumstances granted bail to Sukhbir @ Kallu. Copy of order dated 28.07.2025 of the Supreme Court in the said case is accepted across the board, to be scanned and made part of this case.

3. Learned APP, in all fairness does not dispute that the present accused/applicant also would deserve the same relief on parity of the period of incarceration, though role of the accused/applicant is distinct.

4. The accused Sukhbir @ Kallu had undergone nine months in jail while the present accused/applicant has spent ten months of incarceration.

5. Considering the above circumstances, the bail application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Trial Court. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

GIRISH KATHPALIA (JUDGE) AUGUST 8, 2025