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2023 DAILYLAW 5331 (PNJ)

SAGAR ALIAS GANDHI v. STATE OF HARYANA

CRM-M/26434/2026 · 2026-05-14

Vinod S Bhardwaj

body2023

Judgment text

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IN THE 217 Sagar @ Gandhi State of Haryana CORAM : HON'BLE Present :- Ms. Mr. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 103(2), Police Station Sadar 2. The Kumar Yadav son thus:- “My bangle city. @Vishu from by immediately brother Vishu neck called called THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-26434 Date of decision: Gandhi VERSUS Haryana HON'BLE MR. JUSTICE VINOD . Anita Sharma, Advocate for the Mr. Paras Talwar, Sr. DAG, Haryana ***** BHARDWAJ, J. (Oral) The instant petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.252 dated 190, 191(3) and 61 of the Bharatiya Sadar Ambala, District Ambala. The aforesaid FIR was registered son of Sh. Devi Parshad. The translated “My younger brother, Vishal alias bangle shop in the cloth market on city. Yesterday on 10.11.2024 at about @Vishu had gone to his job and about from somewhere that my brother Vishal some boys near Shiv Mandir. immediately went to that place and saw brother is lying on the side of the road Vishu was lying on the other side of neck have been attacked with a sharp called my uncle Pardeep Kumar S/o called him on the spot. Upon this Pradeep PUNJAB & HARYANA CHANDIGARH 26434-2026(O&M) decision: 14.05.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ the petitioner. Haryana. filed under Section 483 of the grant of regular bail to the 11.11.2024 registered under Bharatiya Nyaya Sanhita, 2023 at on the statement of Mohit translated version thereof reads Vishu, age 21, worked at a on Shukla Kund Road, Ambala about 9.00 A.M. deceased Vishal about 10.45 P.M. I came to know Vishal @ Vishu is being beaten So upon this information I saw that the motorcycle of my road and my brother Vishal@ of the road and his hands and sharp weapon. Immediately I S/o Sh. Ram Dularey Yadav and Pradeep kumar and my nephew SUMIT SINGH GUSAIN 2026.05.15 16:04 I attest to the accuracy and integrity of this document 2 217 CRM-M-26434-2026(O&M) Sahil S/o Sh. Jai Narayan reached on the spot upon which me and my nephew Sahil took my brother Vishal @Vishu on my motor cycle to Civil Hospital, Ambala City for his treatment and I got admitted my brother. During treatment, after near about 10-15 minutes, the doctors declared about the death of Vishal @Vishu due to the injuries suffered by him during the quarrel. Our neighbor Akash S/o Shri Ravinder Kumar came to me and informed that today Deepa S/o unknown R/o new village (Naya Gaon), called him on instagram platform and extended threats and said that today Sagar Gandhi (petitioner herein), Dishu@ Kodi r/o Ravidas Majri, will teach you and your friend Vishal @ Vishu, a lesson, for having a fight with Sachin and Aakash s/o Sanjeev Kumar and we will kill you. Because a few days ago my brother Vishal @Vishu had a quarrel with Sachin S/o Sanjeev Kumar and Aakash, S/o Sanjeev Kumar and due to reason to take revenge on the saying of Sachin and Aakash, the accused Deepa, Sagar @Gandhi, Gauri S/o and Address unknown, Rahul and Dishu @ Kaudi R/O Ravidas Majri, stabbed my brother with a sharp weapon and due to this my brother had died. I request you to take the strictest possible action against all involved" 3. Learned counsel appearing on behalf of the petitioner contends that co-accused namely Akash and Sachin have been granted concession of regular bail by this Court vide order dated 26.02.2026 passed in CRM-M- 59740-2025 and 01.05.2026 passed in CRM-M-18271-2026 respectively. She further contends that the attribution against the petitioner is that he gave fist blows to the deceased. She submits that a total of 04 injuries have been accorded on the body of the deceased, of which one was an incised wound while other 03 were lacerated wound. She further submits that none of the said injuries can be said to have been occasioned as a result of fist blows. There is thus no attribution against the petitioner and no recovery of any nature has been effected from him. There is also no other criminal case against the petitioner. It SUMIT SINGH GUSAIN 2026.05.15 16:04 I attest to the accuracy and integrity of this document 3 217 CRM-M-26434-2026(O&M) is further submitted that the case of the petitioner would be more at par with the co-accused Akash and Sachin to whom concession of regular bail has already been granted by this Court. She further submits that there are 18 witnesses cited by the prosecution out of which none has been examined so far, hence, the conclusion of trial shall take long. 4. Learned State Counsel does not dispute the submissions as aforesaid. However he contends that there are specific attributions against the petitioner for having given fist blows to the deceased. 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. Without commenting on the merits of the case and taking into consideration the period of custody already undergone by the petitioner, the nature of allegations levelled against him, his clean antecedents, absence of recovery as well as the stage of trial and noticing that arguable issues would arise with respect to the active participation of the petitioner on the basis of the medical record as well as the fact that co-accused of the petitioner i.e. Akash and Sachin have already been granted concession of regular bail by this Court, 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. 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. SUMIT SINGH GUSAIN 2026.05.15 16:04 I attest to the accuracy and integrity of this document 4 217 CRM-M-26434-2026(O&M) 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. 14.05.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.05.15 16:04 I attest to the accuracy and integrity of this document