“Further Incarceration Not Required”: Punjab and Haryana High Court Grants Regular Bail to Accused in Alleged Anti-National Activities Case

In a significant order , the Punjab and Haryana High Court granted regular bail to Sumit Kumar, who was accused of anti-national activities and possession of weapons. Justice Jasjit Singh Bedi presided over the case and laid out the judgement.

The petitioner, Sumit Kumar, was accused under various sections of the IPC, Arms Act, and Explosive Substances Act. He was in custody since July 28, 2022, and was seeking bail under Section 439 of the Code of Criminal Procedure (Cr.P.C).

The Court observed, “The veracity of the prosecution case against the petitioner shall be adjudicated upon during the course of the trial.” The judgement further noted that “Admittedly, the petitioner is in custody since 28.07.2022 and none of the 14 prosecution witnesses have been examined so far.” Justice Bedi concluded that “the further incarceration of the petitioner is not required,” which set the tone for the final decision.

While the defense argued that there was no concrete evidence against Sumit Kumar, the State contended that he was part of a larger gang involved in anti-national activities. Nonetheless, the Court granted regular bail to the petitioner subject to terms and conditions. One of these conditions requires Kumar to appear before the police station on the first Monday of every month until the trial concludes.

The Court also imposed financial conditions, instructing Kumar to prepare an FDR of Rs. 1,00,000, to be deposited with the Trial Court. The petitioner was further instructed to deposit his passport with the Trial Court immediately if he had not already done so.

The judgement has not referred to any previous cases, and it explicitly states that the granting of bail does not comment on the merits of the case. The petition stands disposed of, with the petitioner granted bail under the specified conditions.

No other cases were referred to in the judgement, and the petition has been disposed of with the grant of bail to the petitioner, subject to conditions.

Date of Decision: September 01, 2023

Sumit Kumar vs State of Punjab