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2023 DAILYLAW 4043 (PNJ)

RAHUL v. STATE OF HARYANA

CRM-M/67997/2025 · 2026-01-14

Vinod S Bhardwaj

Public Interest Litigationbody2023

Judgment text

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IN THE 222 Rahul State of Haryana CORAM : HON'BLE Present :- Mr. Ms. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 25 (1- 3(5), 351(3) (Section Sanhita, 2023 at 2. Briefly complainant Naveen Lakshay went to PM. The said Activa Suddenly, a person another unknown complainant and complainant's waist the assailants ran action be taken against 3. Learned that the petitioner THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-67997 Date of decision: VERSUS Haryana HON'BLE MR. JUSTICE VINOD Mr. Kartar Singh Malik, Advocate for Ms. Chhavi Sharma, Astt. AG, Haryana ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.0197 dated B)(a) and 27 of the Arms Act, (Section 126 BNS added later on) at Police Station Shivaji Colony, District Briefly stated, the facts of the Naveen son of Manish Kumar alongwith to the market on an Activa on Activa was being driven by Lakshay person namely Rahul (neighbour of unknown person came and out of previous and his friend. They then fired shots; waist and the other shot/bullet missed ran away from the spot and the complainant against them. Learned counsel appearing on behalf petitioner is in custody since 15.05.2025 PUNJAB & HARYANA CHANDIGARH 67997-2025(O&M) decision: 14.01.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ for the petitioner. Haryana. filed under Section 483 of the grant of regular bail to the 09.05.2025 registered under Act, 1959 and Sections 109(1), on) of the Bharatiya Nyaya District Rohtak, Haryana. present case are that the alongwith his friend namely 09.05.2025 at around 06:00 Lakshay and he was pillion rider. of the complainant) alongwith previous enmity, stopped the shots; one shot/bullet hit the missed him. Thereafter, both complainant prayed that legal behalf of the petitioner contends 15.05.2025 and has already undergone SUMIT SINGH GUSAIN 2026.01.15 11:28 I attest to the accuracy and integrity of this document 2 222 CRM-M-67997-2025(O&M) an actual custody of nearly 08 months. It is contended that as per the allegations, the petitioner was driving the bike while pillion rider Akshit fired the gunfire shots. Two shots were stated to have been fired of which only one hit the victim. It is submitted that the petitioner has clean criminal antecedents and is not involved in any other criminal case. Besides, a total of 24 witnesses have been cited by the prosecution, however, no witness has been examined so far, hence, conclusion of trial shall take long. 4. State counsel on instructions from ASI Jai Kumar/585, CIA-II, Rohtak contends that the victim had an old enmity with the petitioner herein. She however does not dispute that the gunfire shots have been attributed to co-accused Akshit and that the weapon has also been recovered from the said co-accused. The period of custody as well as clean antecedents of the petitioner are also not disputed. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration the facts and circumstances as noticed hereinabove, the age of the petitioner, who is stated to be 20 years old; the actual custody of more than 07 months undergone by the petitioner, his clean antecedents as well as the stage of the trial, I deem it appropriate to allow the present petition. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. SUMIT SINGH GUSAIN 2026.01.15 11:28 I attest to the accuracy and integrity of this document 3 222 CRM-M-67997-2025(O&M) 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. 10. Pending application(s), if any, shall stand disposed of. 14.01.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.01.15 11:28 I attest to the accuracy and integrity of this document