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2025 DAILYLAW 101248 (PNJ)

SHUBHAM KUMAR @ SHUBAM v. STATE OF HARYANA

CRM-M/51912/2025 · 2025-09-19

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 207 CRM-M-51912-2025 (O&M) Date of decision: 19.09.2025 Shubham Kumar @ Shubam ...Petitioner(s) VERSUS State of Haryana ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Parminder Singh, Advocate for the petitioner(s). Ms. Chhavi Sharma, AAG Haryana. ***** VINOD S. BHARDWAJ, J. (Oral) 1. The instant petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail in case bearing FIR No. 731 dated 30.12.2023, registered under Section(s) 148, 149, 212, 302 and 459 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 at Police Station Sector 32-33, District Karnal. 2. Briefly summarized, the case of the prosecution is that the present FIR was registered on the complaint of Kanwarpal, a labourer by occupation. It is alleged that on 29.12.2023, at about 06:40 p.m., his son Sonu was sitting at their shop when 10–15 boys were engaged in a fight and pelting stones at each other. When Sonu attempted to intervene, all the boys turned upon him and assaulted him. One of them allegedly inflicted three knife blows upon him, following which the assailants dragged him into the street and inflicted multiple further injuries. At that stage, the complainant’s MANGAL SINGH 2025.09.19 14:56 I am the author of this document 2 207 CRM-M-51912-2025 (O&M) wife, his nephews, and certain neighbours reached the spot, upon which the accused persons fled away on their respective motorcycles along with their weapons. Sonu was immediately shifted to the Civil Hospital, Karnal, where he was declared brought dead. On the basis of the complaint, the present FIR was registered against the accused persons under Sections 148, 149, 452, and 302 of the Indian Penal Code, 1860. 3. Learned counsel appearing on behalf of the petitioner contends that the petitioner was not named in the FIR and his involvement is based solely on the disclosure statement of the co-accused. It is submitted that no specific role has been attributed to him and he was arrested on 05.01.2024, since when he has remained in custody. The trial is at a nascent stage, and out of the 23 prosecution witnesses, not a single one has been examined thus far. It is further argued that the petitioner has no criminal antecedents and is not involved in any other case. Learned counsel also points out that a similarly placed co-accused, namely Gaurav Kumar, has already been extended the concession of regular bail by this Court vide order dated 03.09.2025 passed in CRM-M No. 47777 of 2025. 4. Learned counsel for respondent-State does not dispute the aforesaid factual aspects. 5. Heaving heard the learned counsel appearing on behalf of the respective parties and taking note of the custody already undergone by the petitioner, stage of the trial, criminal antecedents of the petitioner, similarly placed co-accused/Gaurav Kumar already being granted the concession of regular bail by this Court vide order dated 03.09.2025 and bearing in mind MANGAL SINGH 2025.09.19 14:56 I am the author of this document 3 207 CRM-M-51912-2025 (O&M) that the trial is not likely to be concluded in the near future, I deem it fit to allow the instant petition. 6. Accordingly, the instant petition is allowed and the petitioner is ordered to be admitted to regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned. 7. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 8. 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. (VINOD S. BHARDWAJ) 19.09.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.09.19 14:56 I am the author of this document