CRM-M-11242 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 234 Kapil Sharma State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA Present:- MANISHA BATRA, J. 1. Bharatiya Nagarik Suraksha Sanhita, 2023 FIR No. 281 dated 01.07.2024, registered under Sections 109(1), 115, 118(1), 3(5), 351(3) of Bharatiya Nyaya Sanhita, 2023 118(2) of BNS added l 2. petition are that the aforementioned FIR complaint at about 7.00 P.M., she was sitting outside her house along with her mother when accused Rakesh, who is her husband reached present petitioner and one an assault upon 11242-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Kapil Sharma Versus State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA Mr. Sandeep Gahlawat, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana. Mr. Ashit Malik, Advocate for the complainant. MANISHA BATRA, J. (Oral) This petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 281 dated 01.07.2024, registered under Sections 109(1), 115, 118(1), 3(5), 351(3) of Bharatiya Nyaya Sanhita, 2023 118(2) of BNS added later on] at Police Station Kaithal, District Kaithal. Brief facts of the case relevant for the disposal of the present petition are that the aforementioned FIR complaint filed by complainant Dimple on the allegations at about 7.00 P.M., she was sitting outside her house along with her mother when accused Rakesh, who is her husband reached present petitioner and one Monu. They were armed with weapons and opened an assault upon her mother as well as herself. IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11242-2025 (O&M) Date of decision: 08.05.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Sandeep Gahlawat, Advocate Mr. Neeraj Poswal, AAG, Haryana. This petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing 281 dated 01.07.2024, registered under Sections 109(1), 115, 118(1), 3(5), 351(3) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [Section at Police Station Kaithal, District Kaithal. Brief facts of the case relevant for the disposal of the present petition are that the aforementioned FIR was registered on the basis of the by complainant Dimple on the allegations that on 01.07.2024, at about 7.00 P.M., she was sitting outside her house along with her mother when accused Rakesh, who is her husband reached over there along with . They were armed with weapons and opened her mother as well as herself. Co-accused Monu struck blows -1- 2025 (O&M) 08.05.2025 ...Petitioner ...Respondent 483 of seeking regular bail in case bearing 281 dated 01.07.2024, registered under Sections 109(1), 115, 118(1), [Section Brief facts of the case relevant for the disposal of the present registered on the basis of the that on 01.07.2024, at about 7.00 P.M., she was sitting outside her house along with her mother there along with . They were armed with weapons and opened struck blows MOHAMMAD WASEEM ANSARI 2025.05.09 11:03 I attest to the accuracy and integrity of this document CRM-M-11242 with lathis and thereafter the assailants fled away from the spot. After registration of the FIR, investigation proceedings were i arrested on 0 stands completed. 3. argued by learned counsel for the petitioner that he has been in this case due to the fact that he is having friendly relations with the co accused Rakesh and the complainant is having strained relations with him. No grievous injury has been attributed to him. The petitioner is in custody since long. The custodial interrogation of the petitioner is not required. No recovery remains to be effected from the petitioner. Trial is likely to take time. His further incarceration even otherwise would not serve any useful purpose Similarly situated co regular bail by this Court, vide order dated 06.02.2025 passed in CRM-M-1054 same benefit. Hence, 4. the respondent General, Haryana, that the allegations against the petitioner are serious in nature as in furtherance of his common intention with the co complainant and her mother and had caused injuries to them. The complainant had sustained five injuries had sustained two injuries. It is conceded that the injuries so sustained have 11242-2025 (O&M) lathis on the person of her mother and and thereafter the assailants fled away from the spot. After registration of the FIR, investigation proceedings were initiated. The present petitioner was arrested on 03.07.2024. The co-accused were also arrested. Investigation stands completed. The present petition has been filed on the grounds and it is argued by learned counsel for the petitioner that he has been in this case due to the fact that he is having friendly relations with the co accused Rakesh and the complainant is having strained relations with him. No grievous injury has been attributed to him. The petitioner is in custody since ng. The custodial interrogation of the petitioner is not required. No recovery remains to be effected from the petitioner. Trial is likely to take time. His further incarceration even otherwise would not serve any useful purpose Similarly situated co-accused Monu has already been granted concession of regular bail by this Court, vide order dated 06.02.2025 passed in 1054-2025. On the grounds of parity, the petitioner too deserves the same benefit. Hence, it is urged that the petition deserves to be allowed. Reply by way of affidavit of DSP, Hq., Kaithal has been filed by the respondent-State. It is submitted therein and l General, Haryana, assisted by learned counsel for the complainant allegations against the petitioner are serious in nature as in furtherance of his common intention with the co complainant and her mother and had caused injuries to them. The complainant had sustained five injuries one of which was grievous had sustained two injuries. It is conceded that the injuries so sustained have her mother and on herself, thereby injuring them and thereafter the assailants fled away from the spot. After registration of the nitiated. The present petitioner was accused were also arrested. Investigation The present petition has been filed on the grounds and it is argued by learned counsel for the petitioner that he has been falsely implicated in this case due to the fact that he is having friendly relations with the co accused Rakesh and the complainant is having strained relations with him. No grievous injury has been attributed to him. The petitioner is in custody since ng. The custodial interrogation of the petitioner is not required. No recovery remains to be effected from the petitioner. Trial is likely to take time. His further incarceration even otherwise would not serve any useful purpose sed Monu has already been granted concession of regular bail by this Court, vide order dated 06.02.2025 passed in . On the grounds of parity, the petitioner too deserves the petition deserves to be allowed. Reply by way of affidavit of DSP, Hq., Kaithal has been filed by It is submitted therein and learned Assistant Advocate assisted by learned counsel for the complainant, has argu allegations against the petitioner are serious in nature as in furtherance of his common intention with the co-accused, he had assaulted the complainant and her mother and had caused injuries to them. The complainant one of which was grievous, whereas her mother had sustained two injuries. It is conceded that the injuries so sustained have -2- thereby injuring them and thereafter the assailants fled away from the spot. After registration of the nitiated. The present petitioner was accused were also arrested. Investigation The present petition has been filed on the grounds and it is falsely implicated in this case due to the fact that he is having friendly relations with the co- accused Rakesh and the complainant is having strained relations with him. No grievous injury has been attributed to him. The petitioner is in custody since ng. The custodial interrogation of the petitioner is not required. No recovery remains to be effected from the petitioner. Trial is likely to take time. His further incarceration even otherwise would not serve any useful purpose. sed Monu has already been granted concession of regular bail by this Court, vide order dated 06.02.2025 passed in . On the grounds of parity, the petitioner too deserves the Reply by way of affidavit of DSP, Hq., Kaithal has been filed by Assistant Advocate has argued allegations against the petitioner are serious in nature as in furtherance accused, he had assaulted the complainant and her mother and had caused injuries to them. The complainant whereas her mother had sustained two injuries. It is conceded that the injuries so sustained have MOHAMMAD WASEEM ANSARI 2025.05.09 11:03 I attest to the accuracy and integrity of this document CRM-M-11242 not been opined to be dangerous in nature. However, it is urged that the petitioner does not deserve to be extended the benefit of 5. and have perused the material placed on record. 6. an assault upon the complainant and her mother and is furt voluntarily caused simple as well as grievous injuries to them. One of such injury had been sustained by the complainant on her head though it has not been opined to be dangerous but it was grievous in nature. The petitioner is in custody since 0 filed. Conclusion of situated co mentioned above. In view t no useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furn bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 7. for the purpose of deciding the present petition and the same shall have no bearing on the 08.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 11242-2025 (O&M) not been opined to be dangerous in nature. However, it is urged that the petitioner does not deserve to be extended the benefit of I have heard learned counsel for the parties at considerable length and have perused the material placed on record. The petitioner along with co an assault upon the complainant and her mother and is furt voluntarily caused simple as well as grievous injuries to them. One of such injury had been sustained by the complainant on her head though it has not been opined to be dangerous but it was grievous in nature. The petitioner is in dy since 03.07.2024. Investigation has been completed. . Conclusion of trial will take time as situated co-accused has already been granted concession of regular bail, as mentioned above. In view thereof, this Court is of the considered opinion that useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furn bonds to the satisfaction of the trial Court/Duty Magistrate concerned. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 08.05.2025 Whether speaking/reasoned Whether reportable not been opined to be dangerous in nature. However, it is urged that the petitioner does not deserve to be extended the benefit of bail. I have heard learned counsel for the parties at considerable length and have perused the material placed on record. The petitioner along with co-accused is alleged to have opened an assault upon the complainant and her mother and is further alleged to have voluntarily caused simple as well as grievous injuries to them. One of such injury had been sustained by the complainant on her head though it has not been opined to be dangerous but it was grievous in nature. The petitioner is in .07.2024. Investigation has been completed. Challan has been as it is yet to be commenced. Similarly accused has already been granted concession of regular bail, as hereof, this Court is of the considered opinion that useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) JUDGE Yes/No Yes/No -3- not been opined to be dangerous in nature. However, it is urged that the I have heard learned counsel for the parties at considerable length accused is alleged to have opened her alleged to have voluntarily caused simple as well as grievous injuries to them. One of such injury had been sustained by the complainant on her head though it has not been opined to be dangerous but it was grievous in nature. The petitioner is in has been Similarly accused has already been granted concession of regular bail, as hereof, this Court is of the considered opinion that useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition is allowed. The petitioner is ishing personal/surety It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no MOHAMMAD WASEEM ANSARI 2025.05.09 11:03 I attest to the accuracy and integrity of this document CRM-M-11242 11242-2025 (O&M) -4- MOHAMMAD WASEEM ANSARI 2025.05.09 11:03 I attest to the accuracy and integrity of this document