CRM CRM CRM CRM----M M M M----251 251 251 251----2025 2025 2025 2025 214 214 214 214 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Sukchain Singh alias Rimpy State of Haryana CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) regular bail to the petitioner in case bearing FIR No registered for the off 191(3), 115, 238 ‘BNS’) (Sections 310(2) and 251(b) of BNS, 2023 dropped later on) Cantt. District GRP Ambala Cantt. 2. petition by the petitioner) is as follows: 2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: Sukchain Singh alias Rimpy versus Haryana HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Shubham Rana, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) regular bail to the petitioner in case bearing FIR No registered for the offences punishable under Section 191(3), 115, 238 and 140(3) of the Bharatiya Nyaya Sanhita, 2023 (for short (Sections 310(2) and 238 of BNS, 2023 of BNS, 2023 dropped later on), at Police Station Cantt. District GRP Ambala Cantt. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows: “Statement of Abhishek S/o Santram, resident of House No. 1126 Milap Nagar Ambala City, Police Station Sadar Ambala City District Ambala Age 23 years M-8569990135. Stated that I am a resident of the above address and doing labour work. I went to Mata Vaishno Devi by train on 20-09-2024 with my friends Rohit, Nishant and Saurav Kumar. On 22 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----251 251 251 251----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 13 August 13 August 13 August 13, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Mr. Gurmeet Singh, AAG Haryana. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.225 dated 23.09.2024, ences punishable under Sections 310(2), 251(b), 190, Bharatiya Nyaya Sanhita, 2023 (for short of BNS, 2023 added and Sections 303 & at Police Station GRP, Ambala The case set up in the FIR in question (as set out in the present Statement of Abhishek S/o Santram, resident of House No. 1126 Milap Nagar Ambala City, Police Station Sadar Ambala City District Ambala 8569990135. Stated that I am a resident of the above address and doing labour work. I went to Mata Vaishno Devi by train on 2024 with my friends Rohit, Nishant and Saurav Kumar. On 22-09- 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent 483 of the for grant of , 310(2), 251(b), 190, Bharatiya Nyaya Sanhita, 2023 (for short added and Sections 303 & , Ambala The case set up in the FIR in question (as set out in the present Statement of Abhishek S/o Santram, resident of House No. 1126 Milap Nagar Ambala City, Police Station Sadar Ambala City District Ambala 8569990135. Stated that I am a resident of the above address and doing labour work. I went to Mata Vaishno Devi by train on - MAHAVIR SINGH 2025.08.13 15:39 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----251 251 251 251----2025 2025 2025 2025 phone, ATM card, my purse from me and took my ATM CARD password people who beat me up if they come in front of me. I am getting my 3. has been falsely implicated into the FIR in question argued that the petitioner is in custody since has iterated that correct, even then the role object into the mouth of the compl 2025 2025 2025 2025 2024, I and my three friends boarded the train for Ambala 3-20 pm by taking railway tickets. Our train reached Ambala Cantt. railway station on 23-09- 2024 at around 00 reached the parking RLY STN A/CANTT to pick up our motorcycle where we had parked our motorcycle on 20 had gone to the parking with a slip to pick up his motorcycle. I, Nishant and Rohit were standing outside waiting for Saurav to come with the motorcycle. Then I heard Saurav shouting and I saw Rahul Walia standing in front of me with a Gandasa in his hand, Sharif @ Sahil Rathore with an iron pipe-like rod in his hand, Mitthu @ Vabhav R/o Kabir Nagar also with an iron rod in his hand, Rudra Pratap who has a gym at Jagadhari Gate with an iron pipe-like rod in his hand, he attacked my the rod due to which I started staggering. Meanwhile my three friends ran away from the spot on seeing fight. After that Anubhav Sood hit me on the head with a heavy object. Rimpi Sardar put something like a pistol in my mouth and said that if I made any noise, I would shoot you. Deepak also hit me several times with an iron rod. Then they forcibly put me in a car, blindfolded me and took me to some unknown place/room. also they stripped me naked and beat me. After hitting me on m they all urinated on my face. At that time my right leg was broken below the knee and blood was flowing from my head. They snatched my mobile phone, ATM card, my purse from me and took my ATM CARD password from me which I had told to be wrong. At t assaulted in the room, some other associates of Rahul Walia also assaulted me, whose names I do not know, but I can recognize them if they come in front of me. After that Rahul Walia, Anubhav Sood, Mithu @ Vaibhav and Rudra Pratap put me in a Scorpio car and threw me on a stretcher trolley lying in front of the emergency gate of Civil Hospital Sector 6 Panchkula and left. It was four in the morning at that time. Seeing me lying outside on the stretcher, the hospital staff brought m the staff about the incident that happened with me and taking a phone call from some poor person, I told my brother about the incident and my brother came to me at around 8 am. My treatment is going on in Panchkula Civil Hospital. I request you to take legal action against the above mentioned people who beat me up. I can very well identify the people who beat me up if they come in front of me. I am getting my statement written in full consciousness in the presence of my brother Sandeep. I have read my statement because I am a 9 take legal action.” Learned counsel for the petitioner has has been falsely implicated into the FIR in question the petitioner is in custody since iterated that assuming arguendo, the prosecution version is to be taken correct, even then the role attributed to the petitioner is of putting pistol like object into the mouth of the complainant, but the same 2222 2024, I and my three friends boarded the train for Ambala Cantt at around 20 pm by taking railway tickets. Our train reached Ambala Cantt. 2024 at around 00-30 AM. I and my friends reached the parking RLY STN A/CANTT to pick up our motorcycle where we had parked our motorcycle on 20-09-2024. My friend Saurav had gone to the parking with a slip to pick up his motorcycle. I, Nishant and Rohit were standing outside waiting for Saurav to come with the motorcycle. Then I heard Saurav shouting and I saw Rahul Walia standing th a Gandasa in his hand, Sharif @ Sahil Rathore with an like rod in his hand, Mitthu @ Vabhav R/o Kabir Nagar also with an iron rod in his hand, Rudra Pratap who has a gym at Jagadhari like rod in his hand, he attacked my right leg with the rod due to which I started staggering. Meanwhile my three friends ran seeing fight. After that Anubhav Sood hit me on the head with a heavy object. Rimpi Sardar put something like a pistol in my if I made any noise, I would shoot you. Deepak also hit me several times with an iron rod. Then they forcibly put me in a car, blindfolded me and took me to some unknown place/room. In the room also they stripped me naked and beat me. After hitting me on my face, they all urinated on my face. At that time my right leg was broken below the knee and blood was flowing from my head. They snatched my mobile phone, ATM card, my purse from me and took my ATM CARD password from me which I had told to be wrong. At the time when I was being, assaulted in the room, some other associates of Rahul Walia also assaulted me, whose names I do not know, but I can recognize them if they come in front of me. After that Rahul Walia, Anubhav Sood, Mithu @ Vaibhav put me in a Scorpio car and threw me on a stretcher trolley lying in front of the emergency gate of Civil Hospital Sector 6 Panchkula and left. It was four in the morning at that time. Seeing me lying outside on the stretcher, the hospital staff brought me inside. I told the staff about the incident that happened with me and taking a phone call from some poor person, I told my brother about the incident and my brother came to me at around 8 am. My treatment is going on in t you to take legal action against the above mentioned people who beat me up. I can very well identify the people who beat me up if they come in front of me. I am getting my statement written in full consciousness in the presence of my brother my statement because I am a 9th pass and I claim to Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel further the petitioner is in custody since 02.10.2024. Learned counsel , the prosecution version is to be taken attributed to the petitioner is of putting pistol like ainant, but the same was not fired/ used, 2222 Cantt at around 20 pm by taking railway tickets. Our train reached Ambala Cantt. 30 AM. I and my friends reached the parking RLY STN A/CANTT to pick up our motorcycle 2024. My friend Saurav had gone to the parking with a slip to pick up his motorcycle. I, Nishant and Rohit were standing outside waiting for Saurav to come with the motorcycle. Then I heard Saurav shouting and I saw Rahul Walia standing th a Gandasa in his hand, Sharif @ Sahil Rathore with an like rod in his hand, Mitthu @ Vabhav R/o Kabir Nagar also with an iron rod in his hand, Rudra Pratap who has a gym at Jagadhari right leg with the rod due to which I started staggering. Meanwhile my three friends ran seeing fight. After that Anubhav Sood hit me on the head with a heavy object. Rimpi Sardar put something like a pistol in my if I made any noise, I would shoot you. Deepak also hit me several times with an iron rod. Then they forcibly put me in a car, In the room y face, they all urinated on my face. At that time my right leg was broken below the knee and blood was flowing from my head. They snatched my mobile phone, ATM card, my purse from me and took my ATM CARD password he time when I was being, assaulted in the room, some other associates of Rahul Walia also assaulted me, whose names I do not know, but I can recognize them if they come in front of me. After that Rahul Walia, Anubhav Sood, Mithu @ Vaibhav put me in a Scorpio car and threw me on a stretcher trolley lying in front of the emergency gate of Civil Hospital Sector 6 Panchkula and left. It was four in the morning at that time. Seeing me e inside. I told the staff about the incident that happened with me and taking a phone call from some poor person, I told my brother about the incident and my brother came to me at around 8 am. My treatment is going on in t you to take legal action against the above mentioned people who beat me up. I can very well identify the people who beat me up if they come in front of me. I am getting my statement written in full consciousness in the presence of my brother pass and I claim to that the petitioner Learned counsel further . Learned counsel , the prosecution version is to be taken attributed to the petitioner is of putting pistol like was not fired/ used, MAHAVIR SINGH 2025.08.13 15:39 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----251 251 251 251----2025 2025 2025 2025 and thereafter, further iterated that the complainant the complainant bail is prayed for. 4. arguing that the allegations raised and, thus, he State counsel seeks to place on record custody certificate dated in Court, which is taken on record. 5. the available records of the case. 6. whereinafter, investigation was carried out and the challan was presented on 21.12.2024. have been examined i.e., FIR/complainant indubitable that conclusion of trial will take long raised at Bar give does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 2025 2025 2025 2025 and thereafter, giving fists blows etc. to the complainant. Learned counsel further iterated that the complainant has fabricated the entire FIR the complainant himself is involved in multiple bail is prayed for. Learned State counsel has opposed the present petition arguing that the allegations raised against the petitioner he does not deserve the concession of the regular bail State counsel seeks to place on record custody certificate dated in Court, which is taken on record. I have heard counsel for the rival the available records of the case. The present petitioner was whereinafter, investigation was carried out and the challan was presented on Total 13 prosecution witnesses have been cited have been examined till date. It is not in dispute that the sole eye witness i.e., FIR/complainant stands examined as prosecution witness. It is indubitable that conclusion of trial will take long raised at Bar give shall be gone into during course of does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the justice or interfering with the prosecution evidence. 3333 etc. to the complainant. Learned counsel fabricated the entire FIR version as himself is involved in multiple other FIR(s). Thus, regular Learned State counsel has opposed the present petition by against the petitioner are serious in nature does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 11.08.2025 rival parties and have gone through he present petitioner was arrested on 02.10.2024, whereinafter, investigation was carried out and the challan was presented on prosecution witnesses have been cited, but only 02 not in dispute that the sole eye witness, as prosecution witness. It is thus, indubitable that conclusion of trial will take long time. The rival contentions during course of the trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the justice or interfering with the prosecution evidence. 3333 etc. to the complainant. Learned counsel version as Thus, regular by are serious in nature Learned 2025 parties and have gone through , whereinafter, investigation was carried out and the challan was presented on only 02 , , contentions trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the MAHAVIR SINGH 2025.08.13 15:39 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----251 251 251 251----2025 2025 2025 2025 6.1. State counsel, the petitioner has already suffered incarceration for a period of 10 months and case/FIR. undertrial is not warranted in the facts 7. ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. addition to conditions that may be imposed Magistrate, the petitioner shall remain bound by the following conditions: 8. which may be imposed by concerned hereinabove or upon showing any other sufficient cause, the 2025 2025 2025 2025 As per custody certificate dated State counsel, the petitioner has already suffered incarceration for a period months and 09 days, & is not shown to be Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Concerned CJM addition to conditions that may be imposed Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the tria (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell permission of the CJM/ Duty (vii) The petitioner shall not in any manner try to delay the trial. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM hereinabove or upon showing any other sufficient cause, the 4444 As per custody certificate dated 11.08.2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period , & is not shown to be involved in any other Suffice to say, further detention of the petitioner as an and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM /Duty Magistrate, the petitioner shall remain bound by the following conditions: The petitioner shall not mis-use the liberty granted. The petitioner shall not tamper with any evidence, oral or documentary, during the trial. The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the e his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior CJM/ Duty Magistrate. The petitioner shall not in any manner try to delay the In case of breach of any of the aforesaid conditions and those CJM/ Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the 4444 .08.2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period involved in any other Suffice to say, further detention of the petitioner as an In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to /Duty Magistrate. However, in /Duty The petitioner shall not tamper with any evidence, oral or The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the e his cellphone number to the Investigating Officer/SHO of concerned Police Station phone number without prior The petitioner shall not in any manner try to delay the In case of breach of any of the aforesaid conditions and those Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the MAHAVIR SINGH 2025.08.13 15:39 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----251 251 251 251----2025 2025 2025 2025 State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. 10. opinion on the merits of the case. 11. application, if any, shall also stands disposed off. August 13 August 13 August 13 August 13, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: 2025 2025 2025 2025 State/complainant shall be at liberty to move cancellation of bail of the Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. Since the main case has been de application, if any, shall also stands disposed off. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 5555 State/complainant shall be at liberty to move cancellation of bail of the Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 5555 State/complainant shall be at liberty to move cancellation of bail of the Nothing said hereinabove shall be construed as an expression of cided, pending miscellaneous MAHAVIR SINGH 2025.08.13 15:39 I attest to the accuracy and authenticity of this order/ judgment