MUSHTAQ AHMED Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 483 of BNSS, 2023 with a prayer to grant regular bail to him in case FIR No.194 dtd. 15/5/2025, registered under Ss. 152, 197(1)(d) of BNS of 2023, Police Station City Fatehabad, District Fatehabad.

(2.) Learned Senior counsel submits that even from the allegations levelled by the complainant, no offence under Ss. 152, 197(1)(d) of BNS is made out against the present petitioner. He further contends that the police had examined the passport of the petitioner and it was found that after 1990, the petitioner had never visited Pakistan in the last 35 years. Even the video in question was not created by the petitioner, but he had only forwarded the video and there is no evidence to connect him with the commission of alleged crime. The petitioner is a senior citizen and is suffering from various old age related diseases, which is apparent from the medical records Annexures P-4 and P-5 respectively. He further contends that the petitioner tenders's unconditional apology and undertakes not to commit any such offence in future also. He further submits that the petitioner was arrested in the present case on 17/5/2025 and is in custody since then.

(3.) 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 does not deserve the concession of bail by this Court.