The Punjab and Haryana High Court has granted bail to a security guard arrested in connection with an alleged milk theft worth Rs 7.68 lakh from a processing facility in Karnal, ruling that pre-trial detention should not be utilized as a form of punishment.
In an order issued on August 12, Justice Manisha Batra observed that the primary purpose of bail is to ensure an accused individual’s appearance during trial proceedings rather than serving as preventive detention. The court noted that the petitioner had been in custody since December 19, 2025, was no longer needed for further police interrogation, and faced a trial that would take substantial time to complete.
Defense Arguments and Role Clarification
Representing the security guard, Advocate Pankaj Bali argued that his client was merely temporarily assigned to guard the premises of Modern Dairies Ltd in Shamgarh and held no administrative or operational responsibility over plant machinery. Defense counsel highlighted that internal pumping mechanisms and loading operations were managed exclusively by processing operators and plant helpers, with all loading activities monitored through closed-circuit television and multi-layered security.
The court was further informed that the security guard had a clean prior record, that no stolen property had been recovered from his possession, and that his name was added to the case solely on the basis of a co-accused’s disclosure statement.
Incident Details and Investigation Findings
The prosecution originates from an event on the night of December 17, 2025, at the Shamgarh dairy facility. According to the initial complaint, a tanker driver arrived carrying paneer whey, registering an initial weight of 32,360 kg and an empty weight of 11,800 kg following discharge. The driver allegedly hooked the tanker up to the plant’s storage unit to siphon off approximately 9,800 liters of milk.
Security personnel stopped the vehicle near the main exit gate, where they allegedly uncovered 9,110 kg of milk valued at Rs 7.68 lakh inside the tanker. Dairy management alleged that the driver had been executing ongoing thefts in collusion with plant officials and co-accused parties. Subsequent police investigations alleged that milk was being illegally moved out of the facility, while financial checks revealed suspicious bank transactions amounting to Rs 45 lakh in the account of a co-accused.
Opposition by State Counsel
Opposing the petition, Assistant Advocate General Neeraj Poswal presented the guard’s custody certificate and maintained that the severity of the charges justified continued incarceration. The state representative contended that granting relief could result in the petitioner absconding or repeating similar offenses.
Overruling the state’s objections, the High Court reiterated that bail remains the general rule and custody the exception, concluding that prolonged detention served no useful purpose.
