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2023 DAILYLAW 3747 (PNJ)

KASIM v. STATE OF HARYANA

CRM-M/21950/2026 · 2026-05-01

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-21950 IN THE HIGH COURT OF PUNJAB & HARYANA 216 KASIM STATE OF HARYANA CORAM:- HON'BLE MS. Present:- Mr. Ashish Grewal, for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case Sections 190, 191(3), 115(2), 118(1), 351(3 City Yamuna Nagar, District Yamuna Nagar, Haryana 2. On the BNSS, 2023 is for grant of anticipatory in case FIR No.487 dated 28.07.2025 registered under Sections 190, 191(3), 115(2), 118(1), 351(3), 61 BNS, 2023 at Police Station City Yamuna Nagar, District Yamuna Nagar, Haryana. 21950-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: Versus STATE OF HARYANA HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Ashish Grewal, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.487 dated 28.07.2025 registered under Sections 190, 191(3), 115(2), 118(1), 351(3), 61 BNS, 2023 at Police Station City Yamuna Nagar, District Yamuna Nagar, Haryana On 22.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory in case FIR No.487 dated 28.07.2025 registered under Sections 190, 191(3), 115(2), 118(1), 351(3), 61 BNS, 2023 at Police Station City Yamuna Nagar, District Yamuna Nagar, Haryana. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21950-2026 Date of decision: 01.05.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL Ms. Shaveta Sanghi, DAG, Haryana. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.487 dated 28.07.2025 registered under ), 61 BNS, 2023 at Police Station City Yamuna Nagar, District Yamuna Nagar, Haryana following order was passed by this Court: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.487 dated 28.07.2025 registered under Sections 190, 191(3), 115(2), 118(1), 351(3), 61 BNS, 2023 at Police Station City Yamuna Nagar, District Yamuna Nagar, Haryana. ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.487 dated 28.07.2025 registered under ), 61 BNS, 2023 at Police Station Prayer in the present petition filed under Section 482 of bail to the petitioner in case FIR No.487 dated 28.07.2025 registered under Sections 190, 191(3), 115(2), 118(1), 351(3), 61 BNS, 2023 at Police GURPREET 2026.05.01 17:01 I attest to the accuracy and authenticity of this document. CRM-M-21950 petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the said incident and no offence has been committed by the petitioner. He submits that, as per the prosecution version, the main allega and overt acts have been specifically attributed to the co persons and no role has been attributed to the petitioner. He further contends that the petitioner has been nominated as an accused only on the basis of the disclosure statements made both the co is no other evidence to connect the petitioner with the offence in question, and it is a trite law that the disclosure. statement of a co in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. DAG, Haryana accepts notice on behalf of respondent seeks time to file status report in the matter. investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to t satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 21950-2026 2 Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the said incident and no offence has been committed by the petitioner. He submits that, as per the prosecution version, the main allega and overt acts have been specifically attributed to the co persons and no role has been attributed to the petitioner. He further contends that the petitioner has been nominated as an accused only on the basis of the disclosure statements made both the co-accused. Apart from the disclosure statements, there is no other evidence to connect the petitioner with the offence in question, and it is a trite law that the disclosure. statement of a co-accused during his custodial interrogation is not in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana accepts notice on behalf of respondent seeks time to file status report in the matter. Adjourned to 01.05.2026. In the meantime, the petitioner is directed to investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to t satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the said incident and no offence has been committed by the petitioner. He submits that, as per the prosecution version, the main allegations and overt acts have been specifically attributed to the co-accused persons and no role has been attributed to the petitioner. He further contends that the petitioner has been nominated as an accused only on the basis of the disclosure statements made by accused. Apart from the disclosure statements, there is no other evidence to connect the petitioner with the offence in question, and it is a trite law that the disclosure. statement of a accused during his custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On asking of the Court, Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana accepts notice on behalf of respondent-State and seeks time to file status report in the matter. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner has no concern with the said incident and no offence has been committed by the petitioner. He tions accused persons and no role has been attributed to the petitioner. He further contends that the petitioner has been nominated as an by accused. Apart from the disclosure statements, there is no other evidence to connect the petitioner with the offence in question, and it is a trite law that the disclosure. statement of a admissible in evidence. No recovery is to be effected from the petitioner. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and On asking of the Court, Mr. Gagandeep Singh Chhina, Sr. State and join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be he satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section GURPREET 2026.05.01 17:01 I attest to the accuracy and authenticity of this document. CRM-M-21950 3. L the order dated investigation. 4. Learned counsel for the State, on instructions Kumar, has submitted that the petitioner ha longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide Section 482(2) of the BNSS 01.05.2026 Gurpreet 21950-2026 3 Learned counsel for the petitioner submits that in compliance of the order dated 22.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 22.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No earned counsel for the petitioner submits that in compliance of by this Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI Rajender joined the investigation and is no In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No earned counsel for the petitioner submits that in compliance of joined the from ASI Rajender no In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.01 17:01 I attest to the accuracy and authenticity of this document.