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High Court of Punjab and Haryana · body

2023 DAILYLAW 3836 (PNJ)

NARENDER v. STATE OF HARYANA

CRM-M/67005/2025 · 2026-02-24

Mandeep Pannu

body2023

Judgment text

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CRM-M-67005- 112 IN THE HIGH COURT OF PUNJAB AND HARYANA Narender State of Haryana CORAM : HON'BLE MS Present: Mr. Aman Pal, Sr. Advocate assisted by Mr. Balraj Sharma, Mr. Rajender Kumar, Mr. Sankalp Dhanda and Mr. Rupender Singh, Advocates for the petitioner. Mr. Sushil Bhardwaj, Addl. A.G Haryana. MANDEEP PANNU J. 1. First petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of regular bail in case FIR No. 6 dated 05.01.2025 under Sections 109(1), and Section 25(8) of the Arms Act, registered at Police Station Sadar Assandh, District Karnal (Haryana). 2. Briefly stated, the prosecution case is that on 05.01.2025, information was received from bus stand by occupants of a white AURA Honda car in which 4 travelling. A police party laid a blockade near Didwada Turn, Salwan. When the said vehicle was signaled to stop, it alleg Assandh. The police party chased the vehicle. Near Dupedi village, when efforts were again made to stop the car, the boys sitting on the rear seat allegedly fired at -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : VERSUS Haryana HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Aman Pal, Sr. Advocate assisted by Mr. Balraj Sharma, Mr. Rajender Kumar, Mr. Sankalp Dhanda and Mr. Rupender Singh, Advocates for the petitioner. Mr. Sushil Bhardwaj, Addl. A.G Haryana. -.- MANDEEP PANNU J. (Oral) First petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of regular bail in case FIR No. 6 dated 05.01.2025 under Sections 109(1), 121(1), 132 and 221 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(8) of the Arms Act, registered at Police Station Sadar Assandh, District Karnal (Haryana). Briefly stated, the prosecution case is that on 05.01.2025, information was received from the control room that a boy had been abducted from Narukhedi bus stand by occupants of a white AURA Honda car in which 4 travelling. A police party laid a blockade near Didwada Turn, Salwan. When the said vehicle was signaled to stop, it allegedly broke the blockade and fled towards Assandh. The police party chased the vehicle. Near Dupedi village, when efforts were again made to stop the car, the boys sitting on the rear seat allegedly fired at -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-67005-2025 (O&M) Date of Decision : 24.02.2026 ....Petitioner ....Respondent MANDEEP PANNU Mr. Aman Pal, Sr. Advocate assisted by Mr. Balraj Sharma, Mr. Rajender Kumar, Mr. Sankalp Dhanda and Mr. Rupender Singh, Advocates Mr. Sushil Bhardwaj, Addl. A.G Haryana. First petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of regular bail in case FIR No. 6 dated 05.01.2025 121(1), 132 and 221 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(8) of the Arms Act, registered at Police Station Sadar Assandh, Briefly stated, the prosecution case is that on 05.01.2025, information the control room that a boy had been abducted from Narukhedi bus stand by occupants of a white AURA Honda car in which 4–5 boys were travelling. A police party laid a blockade near Didwada Turn, Salwan. When the edly broke the blockade and fled towards Assandh. The police party chased the vehicle. Near Dupedi village, when efforts were again made to stop the car, the boys sitting on the rear seat allegedly fired at First petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of regular bail in case FIR No. 6 dated 05.01.2025 121(1), 132 and 221 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(8) of the Arms Act, registered at Police Station Sadar Assandh, Briefly stated, the prosecution case is that on 05.01.2025, information the control room that a boy had been abducted from Narukhedi 5 boys were travelling. A police party laid a blockade near Didwada Turn, Salwan. When the edly broke the blockade and fled towards Assandh. The police party chased the vehicle. Near Dupedi village, when efforts were again made to stop the car, the boys sitting on the rear seat allegedly fired at TRIPTI SAINI 2026.02.24 15:49 I attest to the accuracy and integrity of this document CRM-M-67005- the police vehicle with intention to kill. In the persons were arrested, statements of witnesses were recorded and challan was presented before the Court. 3. Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implica prosecution has examined the alleged kidnapped person, namely Sandeep Kumar, who has not supported the prosecution version and has been declared hostile. It is argued that the incident, as alleged by the co manner projected by the prosecution. It is further submitte FIR No.9 dated 04.01.2025, pertaining to the alleged kidnapping of Sandeep Kumar, arising out of the same occurrence, the petitioner has a bail. Therefore, it is prayed that the petitioner be released on bail in the present case as well. 4. Per contra taken on record allegations have been levelled against the petitioner. It is submitted that the petitioner, who is a police official, was part of the group that attempted to abduct a boy and, when chased by the police party, fired upon them wit is further contended that the petitioner suffered a disclosure statement during investigation. Being a police official, the act committed by him is graver in nature. It is also argued that the complainant, SI Randhir Singh, is yet t examined and merely because Sandeep Kumar has turned hostile would not demolish the prosecution case at this stage. 5. Having heard learned counsel for the parties and perused the record, this Court is of the considered view that no ground for -2025 (O&M) the police vehicle with intention to kill. In the course of investigation, the accused persons were arrested, statements of witnesses were recorded and challan was presented before the Court. Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in the present case. It is submitted that the prosecution has examined the alleged kidnapped person, namely Sandeep Kumar, who has not supported the prosecution version and has been declared hostile. It is argued that the incident, as alleged by the complainant, never took place in the manner projected by the prosecution. It is further submitte 9 dated 04.01.2025, pertaining to the alleged kidnapping of Sandeep Kumar, arising out of the same occurrence, the petitioner has a bail. Therefore, it is prayed that the petitioner be released on bail in the present Per contra, learned State counsel has taken on record and strongly opposed the bail allegations have been levelled against the petitioner. It is submitted that the petitioner, who is a police official, was part of the group that attempted to abduct a boy and, when chased by the police party, fired upon them wit is further contended that the petitioner suffered a disclosure statement during investigation. Being a police official, the act committed by him is graver in nature. It is also argued that the complainant, SI Randhir Singh, is yet t examined and merely because Sandeep Kumar has turned hostile would not demolish the prosecution case at this stage. Having heard learned counsel for the parties and perused the record, this Court is of the considered view that no ground for -2- course of investigation, the accused persons were arrested, statements of witnesses were recorded and challan was Learned counsel for the petitioner has contended that the petitioner is ted in the present case. It is submitted that the prosecution has examined the alleged kidnapped person, namely Sandeep Kumar, who has not supported the prosecution version and has been declared hostile. It is mplainant, never took place in the manner projected by the prosecution. It is further submitted that in the connected 9 dated 04.01.2025, pertaining to the alleged kidnapping of Sandeep Kumar, arising out of the same occurrence, the petitioner has already been granted bail. Therefore, it is prayed that the petitioner be released on bail in the present , learned State counsel has filed the status report, which is strongly opposed the bail petition on the ground that serious allegations have been levelled against the petitioner. It is submitted that the petitioner, who is a police official, was part of the group that attempted to abduct a boy and, when chased by the police party, fired upon them with intention to kill. It is further contended that the petitioner suffered a disclosure statement during investigation. Being a police official, the act committed by him is graver in nature. It is also argued that the complainant, SI Randhir Singh, is yet to be cross examined and merely because Sandeep Kumar has turned hostile would not Having heard learned counsel for the parties and perused the record, this Court is of the considered view that no ground for grant of regular bail is made course of investigation, the accused persons were arrested, statements of witnesses were recorded and challan was Learned counsel for the petitioner has contended that the petitioner is ted in the present case. It is submitted that the prosecution has examined the alleged kidnapped person, namely Sandeep Kumar, who has not supported the prosecution version and has been declared hostile. It is mplainant, never took place in the d that in the connected 9 dated 04.01.2025, pertaining to the alleged kidnapping of Sandeep lready been granted bail. Therefore, it is prayed that the petitioner be released on bail in the present , which is on the ground that serious allegations have been levelled against the petitioner. It is submitted that the petitioner, who is a police official, was part of the group that attempted to abduct a h intention to kill. It is further contended that the petitioner suffered a disclosure statement during investigation. Being a police official, the act committed by him is graver in nature. o be cross- examined and merely because Sandeep Kumar has turned hostile would not Having heard learned counsel for the parties and perused the record, grant of regular bail is made TRIPTI SAINI 2026.02.24 15:49 I attest to the accuracy and integrity of this document CRM-M-67005- out at this stage. The allegations against the petitioner are serious in nature. The prosecution case is that the petitioner, despite being a police official, attempted to abduct a person and, when intercepted and chased by a them with intention to kill. Such conduct, if proved, strikes at the very root of discipline and public confidence in law enforcement agencies. 6. It is also pertinent to note that the complainant SI Randhir Singh, who is a material witness to the occurrence, is yet to be cross that Sandeep Kumar has turned hostile does not, by itself, entitle the petitioner to bail at this stage, particularly when other material evidence is yet to be tested during trial. 7. Considering the gravity of allegations and the stage of trial, this Court does not find it to be a fit case for grant of regular bail. Accordingly, the present regular bail petition 8. It is, however, clarified construed as an expression on the merits of the case. 9. All pending miscellaneous application(s), if any, stands disposed of. February 24, 202 tripti Whether speaking/non Whether reportable -2025 (O&M) out at this stage. The allegations against the petitioner are serious in nature. The prosecution case is that the petitioner, despite being a police official, attempted to abduct a person and, when intercepted and chased by a them with intention to kill. Such conduct, if proved, strikes at the very root of discipline and public confidence in law enforcement agencies. It is also pertinent to note that the complainant SI Randhir Singh, who al witness to the occurrence, is yet to be cross that Sandeep Kumar has turned hostile does not, by itself, entitle the petitioner to bail at this stage, particularly when other material evidence is yet to be tested Considering the gravity of allegations and the stage of trial, this Court does not find it to be a fit case for grant of regular bail. Accordingly, the present petition filed by accused- Narendra is dismissed. It is, however, clarified that nothing observed herein shall be construed as an expression on the merits of the case. All pending miscellaneous application(s), if any, stands disposed of. , 2026 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- out at this stage. The allegations against the petitioner are serious in nature. The prosecution case is that the petitioner, despite being a police official, attempted to abduct a person and, when intercepted and chased by a police party, fired upon them with intention to kill. Such conduct, if proved, strikes at the very root of discipline and public confidence in law enforcement agencies. It is also pertinent to note that the complainant SI Randhir Singh, who al witness to the occurrence, is yet to be cross-examined. The mere fact that Sandeep Kumar has turned hostile does not, by itself, entitle the petitioner to bail at this stage, particularly when other material evidence is yet to be tested Considering the gravity of allegations and the stage of trial, this Court does not find it to be a fit case for grant of regular bail. Accordingly, the present Narendra is dismissed. that nothing observed herein shall be construed as an expression on the merits of the case. All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No out at this stage. The allegations against the petitioner are serious in nature. The prosecution case is that the petitioner, despite being a police official, attempted to police party, fired upon them with intention to kill. Such conduct, if proved, strikes at the very root of It is also pertinent to note that the complainant SI Randhir Singh, who examined. The mere fact that Sandeep Kumar has turned hostile does not, by itself, entitle the petitioner to bail at this stage, particularly when other material evidence is yet to be tested Considering the gravity of allegations and the stage of trial, this Court does not find it to be a fit case for grant of regular bail. Accordingly, the present that nothing observed herein shall be All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.02.24 15:49 I attest to the accuracy and integrity of this document