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2023 DAILYLAW 4490 (PNJ)

ANIL KUMAR @ DHABA v. STATE OF HARYANA AND OTHERS

CRM-M/19239/2026 · 2026-04-23

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-19239 IN THE HIGH COURT OF PUNJAB & HARYANA 222 ANIL KUMAR @ DHABA STATE OF HARYANA AND OTHERS CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Ajay Kadyan, for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana Mr. Shlok Dalal, for respondent Nos.2 and 3. ***** 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 109(1), 3(5), 351(3) of the Bhara Station Badli, District Jhajjar 2. On the BNSS, 2023 is for grant of anticipatory bail to the petiti in case FIR No.0054 dated 01.03.2026 registered under Sections 109(1), 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Badli, District Jhajjar. 19239-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: ANIL KUMAR @ DHABA Versus STATE OF HARYANA AND OTHERS HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Ajay Kadyan, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana Mr. Shlok Dalal, Advocate for respondent Nos.2 and 3. ***** 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.0054 dated 01.03.2026 registered under Sections 109(1), 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Badli, District Jhajjar. On 08.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petiti in case FIR No.0054 dated 01.03.2026 registered under Sections 109(1), 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Badli, District Jhajjar. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-19239-2026 Date of decision: 23.04.2026 ….Petitioner ....Respondents HON'BLE MS. 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.0054 dated 01.03.2026 registered under tiya Nyaya Sanhita, 2023 at Police 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.0054 dated 01.03.2026 registered under Sections 109(1), 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Badli, District Jhajjar. ….Petitioner s Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.0054 dated 01.03.2026 registered under tiya Nyaya Sanhita, 2023 at Police Prayer in the present petition filed under Section 482 of oner in case FIR No.0054 dated 01.03.2026 registered under Sections 109(1), 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023 at GURPREET 2026.04.24 16:46 I attest to the accuracy and authenticity of this document. CRM-M-19239 petitioner has been falsely implic injured due to intoxication and was unconscious because of injuries. He further submits that when Sombir gained consciousness, he immediately submitted affidavit befor the petitioner had not participated in the occurrence, but the police authorities did not remove the name of the petitioner from the FIR. He argued that no specific injury is attributed to the present petitioner. No recovery i petitioner. He further submits that the matter has even been compromised between the parties. To support his contention he has placed on record a duly sworn compromise deed (Annexure P ready and willing to join the investigation as and when called upon to do so by the investigating agency. accepts notice on behalf of respondent time to file Status report/reply in the matter. However, he submits that he is not aware of any compromise, if any, between the parties. behalf of respondents No.2 and 3 and has filed his vakalatnama which is taken on record. He has affirmed to the compromise having taken place between the parties and has no objection if the present petition is allowed. 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 inter satisfaction of Arresting/Investigating Officer. The petitioners 19239-2026 2 Learned counsel for the petitioner contends that the petitioner has been falsely implic injured-Sombir was not in a condition to disclose the true facts due to intoxication and was unconscious because of injuries. He further submits that when Sombir gained consciousness, he immediately submitted affidavit befor the petitioner had not participated in the occurrence, but the police authorities did not remove the name of the petitioner from the FIR. He argued that no specific injury is attributed to the present petitioner. No recovery i petitioner. He further submits that the matter has even been compromised between the parties. To support his contention he has placed on record a duly sworn compromise deed (Annexure P-5). Learned counsel has further submitted tha ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. Mr. Mohit Chaudhary, AAG Haryana present in Court accepts notice on behalf of respondent time to file Status report/reply in the matter. However, he submits that he is not aware of any compromise, if any, between the parties. Mr. Shlok Dalal, Advocate has put in appearance on behalf of respondents No.2 and 3 and has filed his vakalatnama which is taken on record. He has affirmed to the compromise having taken place between the parties and has no objection if the present petition is allowed. Adjourned to 23.04.2026. 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 petitioners Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as the Sombir was not in a condition to disclose the true facts due to intoxication and was unconscious because of injuries. He further submits that when Sombir gained consciousness, he immediately submitted affidavit before the police to the fact that the petitioner had not participated in the occurrence, but the police authorities did not remove the name of the petitioner from the FIR. He argued that no specific injury is attributed to the present petitioner. No recovery is to be effected from the petitioner. He further submits that the matter has even been compromised between the parties. To support his contention he has placed on record a duly sworn compromise deed (Annexure 5). Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Mr. Mohit Chaudhary, AAG Haryana present in Court accepts notice on behalf of respondent-State and prays for some time to file Status report/reply in the matter. However, he submits that he is not aware of any compromise, if any, between Mr. Shlok Dalal, Advocate has put in appearance on behalf of respondents No.2 and 3 and has filed his vakalatnama which is taken on record. He has affirmed to the compromise having taken place between the parties and has no objection if 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 im bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners Learned counsel for the petitioner contends that the ated in the present case as the Sombir was not in a condition to disclose the true facts due to intoxication and was unconscious because of injuries. He further submits that when Sombir gained consciousness, he e the police to the fact that the petitioner had not participated in the occurrence, but the police authorities did not remove the name of the petitioner from the FIR. He argued that no specific injury is attributed to the s to be effected from the petitioner. He further submits that the matter has even been compromised between the parties. To support his contention he has placed on record a duly sworn compromise deed (Annexure t the petitioner is ready and willing to join the investigation as and when called Mr. Mohit Chaudhary, AAG Haryana present in Court some time to file Status report/reply in the matter. However, he submits that he is not aware of any compromise, if any, between Mr. Shlok Dalal, Advocate has put in appearance on behalf of respondents No.2 and 3 and has filed his vakalatnama which is taken on record. He has affirmed to the compromise having taken place between the parties and has no objection if 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 im bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners GURPREET 2026.04.24 16:46 I attest to the accuracy and authenticity of this document. CRM-M-19239 shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in 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. Learned counsel appearing for that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner 6. In view of the statement ma interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided Section 482(2) of the BNSS 23.04.2026 Gurpreet 19239-2026 3 shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in the order dated 08.04.2026 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 nger required for further investigation. Learned counsel appearing for respondent Nos.2 and 3 that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 08.04.2026 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 Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions of SI Rakesh joined the investigation and is no respondent Nos.2 and 3 submits that the offence committed by petitioner is serious in nature and hence, de 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 Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No shall also abide by the conditions as envisaged under Section compliance of joined the of SI Rakesh no submits that the offence committed by petitioner is serious in nature and hence, de 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 under (RUPINDERJIT CHAHAL) GURPREET 2026.04.24 16:46 I attest to the accuracy and authenticity of this document.