CRM-M-8400 IN THE HIGH COURT OF PUNJAB & HARYANA 114 RAJESH AND OTHERS STATE OF HARYANA CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. L.S. Sekhon, for the petitioner Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana. Mr. Rajesh Nain, for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seek anticipatory bail in case 190, 191(2), 115(2), 126, 333, 351(2), 324(4), 324(5), 109 of Bha Nyaya Sanhita, 2023, Police Station City Tohana, District Fatehabad 2. On ordinate Bench petitioners with regard to 11.12.2025 under Sections 190, 191(2), 115(2), 126, 333, 351(2), 324(4), 324(5), 109 of Bharatiya Nyaya Sanhita, 2023, Police Station City Tohana, District Fatehabad. The above 8400-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: RAJESH AND OTHERS Versus STATE OF HARYANA HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. L.S. Sekhon, Advocate for the petitioners. Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana. Mr. Rajesh Nain, Advocate for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seek anticipatory bail in case FIR No.404 dated 11.12.2025 under Sections 190, 191(2), 115(2), 126, 333, 351(2), 324(4), 324(5), 109 of Bha Nyaya Sanhita, 2023, Police Station City Tohana, District Fatehabad On 13.02.2026, the following order ordinate Bench of this Court: - “1. This is first petition for anticipatory bail filed by the petitioners with regard to a case arising out of FIR No.404 dated 11.12.2025 under Sections 190, 191(2), 115(2), 126, 333, 351(2), 324(4), 324(5), 109 of Bharatiya Nyaya Sanhita, 2023, Police Station City Tohana, District Fatehabad. The above IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-8400-2026 Date of decision: 30.04.2026 ….Petitioners ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana. petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners FIR No.404 dated 11.12.2025 under Sections 190, 191(2), 115(2), 126, 333, 351(2), 324(4), 324(5), 109 of Bharatiya Nyaya Sanhita, 2023, Police Station City Tohana, District Fatehabad. following order was passed by the Co- This is first petition for anticipatory bail filed by the a case arising out of FIR No.404 dated 11.12.2025 under Sections 190, 191(2), 115(2), 126, 333, 351(2), 324(4), 324(5), 109 of Bharatiya Nyaya Sanhita, 2023, Police Station City Tohana, District Fatehabad. The above-mentioned ….Petitioners ....Respondent petition filed under Section 482 of the s FIR No.404 dated 11.12.2025 under Sections ratiya - This is first petition for anticipatory bail filed by the a case arising out of FIR No.404 dated 11.12.2025 under Sections 190, 191(2), 115(2), 126, 333, 351(2), 324(4), 324(5), 109 of Bharatiya Nyaya Sanhita, 2023, Police mentioned GURPREET 2026.05.01 16:28 I attest to the accuracy and authenticity of this document. CRM-M-8400 FIR came into being at the in hereinafter being referred to as 'complainant' only. 10.12.2025 at about 10.00 P.M. he along with 'Manoj' was standing outside his shops at Ratia Road near Ravidas Dharamshala Tohana, when 'Santokh', 'Satyawan', 'Anoop', 'Parveen', 'Rajat', 'Rajesh @ Midda', 'Ankit', 'Ankush' and 'Abhishek', all armed with gandasi, sword, iron rods and wooden sticks, came there. As per complainant, upon seeing them the complainant ru while 'Manoj' ran away through the street. It has been further alleged that all the aforesaid persons armed with the aforesaid weapons, reached the roof accompanying them, and they all the head of complainant, left arm, both legs and other parts of the body with the help of sticks, gandasi and rods. It is also alleged that co of the complainant during that thereafter the co and caused injuries on his person. As per complainant, the medico multiple injuries caused by blunt weapons. State, Ms. Shaveta Sanghi, DAG, Haryana, accepts notice on behalf of respondent State is hereby dispensed with. behalf of complainant and files Power of Attorney. The same be taken on record. 8400-2026 2 FIR came into being at the instance of 'Sunil Kumar @ Seena', hereinafter being referred to as 'complainant' only. 2. It has been alleged by the complainant that on 10.12.2025 at about 10.00 P.M. he along with 'Manoj' was standing outside his shops at Ratia Road near Ravidas Dharamshala Tohana, when 'Santokh', 'Satyawan', 'Anoop', 'Parveen', 'Rajat', 'Rajesh @ Midda', 'Ankit', 'Ankush' and 'Abhishek', all armed with gandasi, sword, iron rods and wooden sticks, came there. As per complainant, upon seeing them the complainant rushed to the roof while 'Manoj' ran away through the street. It has been further alleged that all the aforesaid persons armed with the aforesaid weapons, reached the roof accompanying them, and they all the head of complainant, left arm, both legs and other parts of the body with the help of sticks, gandasi and rods. It is also alleged that co-accused Tarsem had snatched the mobile phone of the complainant during the occurr that thereafter the co-accused intercepted 'Manoj' in the street and caused injuries on his person. As per complainant, the medico-legal reports shows that he and 'Manoj' had suffered multiple injuries caused by blunt weapons. 3. Notice of motion. 4. Since advance notice has already been served upon the State, Ms. Shaveta Sanghi, DAG, Haryana, accepts notice on behalf of respondent-State. Hence, the service of notice upon the State is hereby dispensed with. 5. Mr. Rajesh Nain, Advocate puts in appearance on behalf of complainant and files Power of Attorney. The same be taken on record. 6. Heard. 7. The record has been perused carefully. stance of 'Sunil Kumar @ Seena', hereinafter being referred to as 'complainant' only. It has been alleged by the complainant that on 10.12.2025 at about 10.00 P.M. he along with 'Manoj' was standing outside his shops at Ratia Road near Ravidas Dharamshala Tohana, when 'Santokh', 'Satyawan', 'Anoop', 'Parveen', 'Rajat', 'Rajesh @ Midda', 'Ankit', 'Ankush' and 'Abhishek', all armed with gandasi, sword, iron rods and wooden sticks, came there. As per complainant, upon seeing them the shed to the roof-top of the house of 'Tarsem', while 'Manoj' ran away through the street. It has been further alleged that all the aforesaid persons armed with the aforesaid weapons, reached the roof-top, where 'Tarsem' was accompanying them, and they all jointly inflicted injuries upon the head of complainant, left arm, both legs and other parts of the body with the help of sticks, gandasi and rods. It is also accused Tarsem had snatched the mobile phone the occurrence. It is further alleged accused intercepted 'Manoj' in the street and caused injuries on his person. As per complainant, the legal reports shows that he and 'Manoj' had suffered multiple injuries caused by blunt weapons. 4. Since advance notice has already been served upon the State, Ms. Shaveta Sanghi, DAG, Haryana, accepts notice on State. Hence, the service of notice upon the Advocate puts in appearance on behalf of complainant and files Power of Attorney. The same be 7. The record has been perused carefully. stance of 'Sunil Kumar @ Seena', It has been alleged by the complainant that on 10.12.2025 at about 10.00 P.M. he along with 'Manoj' was standing outside his shops at Ratia Road near Ravidas Dharamshala Tohana, when 'Santokh', 'Satyawan', 'Anoop', 'Parveen', 'Rajat', 'Rajesh @ Midda', 'Ankit', 'Ankush' and 'Abhishek', all armed with gandasi, sword, iron rods and wooden sticks, came there. As per complainant, upon seeing them the top of the house of 'Tarsem', while 'Manoj' ran away through the street. It has been further alleged that all the aforesaid persons armed with the aforesaid top, where 'Tarsem' was jointly inflicted injuries upon the head of complainant, left arm, both legs and other parts of the body with the help of sticks, gandasi and rods. It is also accused Tarsem had snatched the mobile phone ence. It is further alleged accused intercepted 'Manoj' in the street and caused injuries on his person. As per complainant, the legal reports shows that he and 'Manoj' had suffered 4. Since advance notice has already been served upon the State, Ms. Shaveta Sanghi, DAG, Haryana, accepts notice on State. Hence, the service of notice upon the Advocate puts in appearance on behalf of complainant and files Power of Attorney. The same be GURPREET 2026.05.01 16:28 I attest to the accuracy and authenticity of this document. CRM-M-8400 which are required to be taken in Those factors are: the details of the injury caused on the person of complainant/victim by the petitioners; to be concluded in near future likely to produce a fruitful result; interim anti the evidence or influence the witnesses; and interim anticipatory bail, the petitioners will not participate/cooperate in the investigation. above entitled for interim anticipatory bail. arrest, the petitioners shal bail on furnishing bonds to the satisfaction of arresting officer. The petitioners shall join the investigation as and when called by the Investigating Officer. They shall abide by the terms and conditions as envisaged the State by next date. 8400-2026 3 8. A perusal of record shows that there are several factors which are required to be taken in Those factors are:- i) that the contents of the FIR nowhere specifically reveals the details of the injury caused on the person of complainant/victim by the petitioners; ii) that the petitioners have clean antecedents; iii) that the investigation and trial of the case are not likely to be concluded in near future iv) that custodial interrogation of the petitioners is not likely to produce a fruitful result; v) that there is nothing on record to show that while on interim anticipatory bail, the petitioners are likely to tamper with the evidence or influence the witnesses; and vi) that there is nothing on record to show that while on interim anticipatory bail, the petitioners will not participate/cooperate in the investigation. 9. Taking into consideration the cumulative effect of all the above-mentioned factors, it is hereby held that the petitioners are entitled for interim anticipatory bail. 10. Thus, it is hereby ordered that in the event of their arrest, the petitioners shall be released on interim anticipatory bail on furnishing bonds to the satisfaction of arresting officer. The petitioners shall join the investigation as and when called by the Investigating Officer. They shall abide by the terms and conditions as envisaged under Section 482(2) of the BNSS, 2023. 11. List on 30.04.2026. 12. Let status report and detailed reply, if any, be filed by the State by next date. 13. To be shown in urgent list. 8. A perusal of record shows that there are several factors which are required to be taken into consideration at this stage. i) that the contents of the FIR nowhere specifically reveals the details of the injury caused on the person of complainant/victim by the petitioners; ii) that the petitioners have clean antecedents; that the investigation and trial of the case are not likely iv) that custodial interrogation of the petitioners is not likely to produce a fruitful result; v) that there is nothing on record to show that while on cipatory bail, the petitioners are likely to tamper with the evidence or influence the witnesses; and vi) that there is nothing on record to show that while on interim anticipatory bail, the petitioners will not participate/cooperate in the investigation. 9. Taking into consideration the cumulative effect of all the mentioned factors, it is hereby held that the petitioners are entitled for interim anticipatory bail. 10. Thus, it is hereby ordered that in the event of their l be released on interim anticipatory bail on furnishing bonds to the satisfaction of arresting officer. The petitioners shall join the investigation as and when called by the Investigating Officer. They shall abide by the terms and under Section 482(2) of the BNSS, 2023. 12. Let status report and detailed reply, if any, be filed by To be shown in urgent list.” 8. A perusal of record shows that there are several factors to consideration at this stage. i) that the contents of the FIR nowhere specifically reveals the details of the injury caused on the person of that the investigation and trial of the case are not likely iv) that custodial interrogation of the petitioners is not v) that there is nothing on record to show that while on cipatory bail, the petitioners are likely to tamper with vi) that there is nothing on record to show that while on interim anticipatory bail, the petitioners will not 9. Taking into consideration the cumulative effect of all the mentioned factors, it is hereby held that the petitioners are 10. Thus, it is hereby ordered that in the event of their l be released on interim anticipatory bail on furnishing bonds to the satisfaction of arresting officer. The petitioners shall join the investigation as and when called by the Investigating Officer. They shall abide by the terms and 12. Let status report and detailed reply, if any, be filed by GURPREET 2026.05.01 16:28 I attest to the accuracy and authenticity of this document. CRM-M-8400 3. Learned counsel for the petitioner the order dated petitioners have 4. Learned counsel for the State, on instructions has submitted that the petitioner longer required for further investigation. 5. Learned counsel appearing for the complainant submits that the offence committed by petitioner grant of bail to the petition 6. In view of the statement made by learned State counsel, the interim order dated Court, is made absolute. The petitioner as and when called by the Investigat conditions as provided under Section 482(2) of the BNSS 30.04.2026 Gurpreet 8400-2026 4 Learned counsel for the petitioner the order dated 13.02.2026 passed by the Co ve joined the investigation. Learned counsel for the State, on instructions has submitted that the petitioners have joined the investigation and longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioners is serious in nature and hence, opposes the grant of bail to the petitioners. In view of the statement made by learned State counsel, the interim order dated 13.02.2026 passed by the Court, is made absolute. The petitioners 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 Learned counsel for the petitioners submits that in compliance of Co-ordinate Bench of Court, the Learned counsel for the State, on instructions of SI Ishwar Singh, joined the investigation and are no Learned counsel appearing for the complainant submits that the is serious in nature and hence, opposes the In view of the statement made by learned State counsel, the the Co-ordinate Bench of this shall continue to join investigation, ing Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No submits that in compliance of Court, the of SI Ishwar Singh, no Learned counsel appearing for the complainant submits that the is serious in nature and hence, opposes the In view of the statement made by learned State counsel, the this shall continue to join investigation, ing Officer and shall also abide by the (RUPINDERJIT CHAHAL) GURPREET 2026.05.01 16:28 I attest to the accuracy and authenticity of this document.