CRM-M-35776-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 212 CRM-M-35776-2025 (O&M) Date of decision:22.01.2026 Sunil ... Petitioner Vs. State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Abhinav Gupta, Advocate for the petitioner. Ms. Himani Arora, DAG, Haryana. Mr. Prashant Singh Chauhan, Advocate for the complainant. ... Manisha Batra, J. (Oral). 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case arising out of FIR No.08, dated 10.01.2025, registered under Sections 115, 118(1), 190, 191(2), 191(3), 351(3) of the BNS (offences under Sections 118(2), 109(1) and 3(5) of the BNS were added lateron), at Police Station Kasola, District Rewari. 2. As per the allegations, on 08.01.2025, the petitioner formed membership of an unlawful assembly along with co-accused Devender and his other family members and in prosecution of common object thereof, had opened assault upon the family members of the complainant and had voluntarily caused simple as well as grievous injuries to them. The petitioner HARJEET KAUR 2026.01.23 10:13 I attest to the accuracy and integrity of this document CRM-M-35776-2025 (O&M) -2- allegedly struck a blow with a farsa on the head of victim Yudhvir with an intent to kill him, whereas the co-accused had also caused injuries to the other victims. On clamour being raised, neighbourers had reached and then the assailants left the spot. The injured were taken to the hospital. The petitioner was arrested on 13.01.2025. Presently, he along with the co- accused is facing trial for commission of the aforementioned offences. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since long. The trial will take considerable time to conclude. There is delay of 03 days in lodging of the FIR, which has been utilized to concoct a false and fabricated story, to falsely implicate him and other accused. Infact, the members of the complainant party were the aggressors and had opened assault upon them. A cross case bearing FIR No.283 dated 14.11.2025 has now been registered on the basis of their complaint and on allowing their application filed under Section 156(3) Cr.P.C. Co-accused Devender Singh has been extended benefit of bail. On parity, he too deserves to be extended the same benefit. He has clean antecedents. No useful purpose would be served by keeping him in custody anymore. It is, therefore, argued that he deserves to be released on bail. 4. Per contra, learned State counsel assisted by learned counsel for the complainant has vehemently argued that there are serious and specific allegations against the petitioner, who caused a head injury on the person of Yudhvir. The condition of the victim is still not stable. The petitioner and the co-accused were the aggressors in this case. There are chances of the petitioner's intimidating the witnesses or committing similar offences, if HARJEET KAUR 2026.01.23 10:13 I attest to the accuracy and integrity of this document CRM-M-35776-2025 (O&M) -3- extended benefit of bail. It is, therefore, stressed that the petitioner does not deserve to be extended the benefit of bail. 5. This Court has heard the rival submissions made by learned counsel for the petitioner. 6. The petitioner by forming of an unlawful assembly with the co- accused is alleged to have inflicted injuries on the head of the victim Yudhvir with a farsa. Recovery of one kulhari is to be effected from him. He is in custody since long. He is not required for further investigation since the same stands concluded. He has clean antecedents. There are bleak chances of conclusion of the trial in near future. Cross case has also been registered against the members of the complainant party on the complaint filed on behalf of the present petitioner. It is only on thorough assessment of the evidence to be produced in trial that any conclusion about the fact as to who was the aggressor party, is to be drawn. Continued detention of the petitioner would not serve any useful purpose. It is well settled proposition of law that prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such cases, when there is delay in conclusion of trial without there being any fault on the part of the accused, he becomes entitled to be released on bail. Since the trial of this case, apparently and evidently is shown to have been delayed, as such, this Court is of the considered opinion that no fruitful purpose would be served by keeping the petitioner in custody any more. In view of the above discussion, this Court is of the considered opinion that a case is made out for grant of bail to the petitioner. Accordingly, the petition is allowed and the petitioner is ordered to be HARJEET KAUR 2026.01.23 10:13 I attest to the accuracy and integrity of this document CRM-M-35776-2025 (O&M) -4- released on bail on his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court, and subject to the condition that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. He shall appear before the learned trial Court on each and every date of hearing except when his presence has been exempted by the trial Court. He shall surrender his passport, if any, furnish details of his cell phone and Aadhar card, and shall not change his mobile number(s) during the pendency of the trial. 7. It is clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. 8. Since the main petition has been allowed, pending application, if any, is rendered infructuous. (MANISHA BATRA) 22.01.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.01.23 10:13 I attest to the accuracy and integrity of this document