CRM CRM CRM CRM----M M M M----17191 17191 17191 17191---- 222 222 222 222 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 Tinku alias Rahul State of Haryana CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, regular bail to the petitioner in case FIR No. under Sections (for short ‘IPC’) Nagar. 2. petition by the ----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: Tinku alias Rahul 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. Namit Khurana, 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 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.377 under Sections 148, 149, 323, 324, 302, 506 of the Indian Penal Code, 1860 (for short ‘IPC’), at Police Station City Yamuna Nagar, District Yamuna The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows: “Statement of Akash Shri Aman Kumar, resident of 1001, Balaji Station Derabassi, District Mohali Punjab age 24 years Mobile No.9781842073. It is stated that I am name and address and I work as a Recovery Company, Zirakpur and my materna of Manoj Kumar, resident of Hanuman Colony Chitta Mandir Nagar, District Yamuna Nagar age 24 years agent with me and lives in a rented room in Zirakpur with his family. 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----17191 17191 17191 17191----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 20 August 20 August 20 August 20, 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 2023 (for short ‘BNSS’) for grant of 377 dated 22.04.2024, registered 148, 149, 323, 324, 302, 506 of the Indian Penal Code, 1860 City Yamuna Nagar, District Yamuna The case set up in the FIR in question (as set out in the present Statement of Akash son of Aman Kumar, resident of 1001, Balaji Nagar, Dera Bassi, Police Station Derabassi, District Mohali Punjab age 24 years Mobile It is stated that I am resident of the above mentioned and address and I work as a Recovery Agent in AK Associates maternal uncle's son Abhishek @ Rishu son Kumar, resident of Hanuman Colony Chitta Mandir Yamuna age 24 years also works as a recovery rented room in Zirakpur with his family. 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent Present petition has been filed under Section 483 of the 2023 (for short ‘BNSS’) for grant of , registered 148, 149, 323, 324, 302, 506 of the Indian Penal Code, 1860 City Yamuna Nagar, District Yamuna The case set up in the FIR in question (as set out in the present son of Nagar, Dera Bassi, Police Station Derabassi, District Mohali Punjab age 24 years Mobile mentioned Agent in AK Associates @ Rishu son Yamuna also works as a recovery rented room in Zirakpur with his family. MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----17191 17191 17191 17191---- 3. is in custody since petitioner has been the petitioner is a young man aged 21 years has further been iterated that ----2025 2025 2025 2025 Abhishek @ Rishu had a love marriage with Nisha daughter of Singh, resident of Gadhauli Colony, Yamuna Nagar, about a year ago, due to which the people of Abhishek @ Rishu's in against each other. On 21.04.2024, Abhishek @ Rishu's daughter Sonia got married, to attend which I and Abhishek alias Rishu had also come with our families. After the girl's farewell, I, Abhishek @ Rishu and Shashikant S/O Om Shankar Tiwari, resident of Hanuman Colony, Yamuna Nagar, age 24 years, all three Rishu's car number HP81-1919, brand Tata Tiago, in the street outside the house, when at about 10.15 PM, five boys sharp weapons in their hands and attacked all three of us with the intention of killing us. First of all Channa Singh @ Chinu Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Gadhauli Colony, Yamuna Nagar attacked Abhishek @ Rishu, who was sitting on the driver's seat, with knives and swords. First of all Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Gadhauli Colony, Yamuna Nagar attacked Abhishek @ Rishu, who was sitting on the driver's seat, with knives and swords. At the same time, Aryan Sharma, Rahul alias Tinku sons of Jasw Gadhauli Colony, Yamuna Nagar, attacked me with knives and swords. Their fifth companion Abhishek, a resident near Khalsa College, Yamuna Nagar, attacked Shashikant, who was sitting on the back seat, with a and sword and after that, all five attackers stones as well. When we shouted "Mar Diya shout people gathered at the spot and all the attackers fled from the spot with their weapons and they were also members admitted us for treatment at Civil Hospital Yamuna Nagar where the doctor referred us due to severe injuries. members brought us to Gaba Hospital Yamuna Nagar During treatment Abhishek @ Rishu a sustained in the fight. I and Shashikant are admitted for treatment at Gaba Hospital Yamuna Nagar. The attackers Channa Singh @ Chinu Gujjar, Sachin @ Anupam Gujjar, Aryan Sharma, Rahul alias Tinku and Abhishek aforesaid attacked me, Shashikant knives and guns. Abhishek alias Rishu aforesaid died due to the sustained in this fight. Channa Singh @ Chinu Gujjar's motorcycle number is HR02-AZ-2221 brand Splendor. You are requested to take l action against Channa Singh @ Chinu Gujjar, Sachin@ Anupam Gujjar, Aryan Sharma, Rahul alias Tinku and Abhishek. I have got my statement recorded in Gaba Hospital, Yamuna Nagar, which has been heard and is correct. Learned counsel for the petitioner has argued that the petitioner is in custody since 22.04.2024. Learned counsel has further argued that the petitioner has been attributed omnibus role. Learned counsel has iterated that the petitioner is a young man aged 21 years has further been iterated that prime prosecution witness, namely 2222 a love marriage with Nisha daughter of Jagir Singh, resident of Gadhauli Colony, Yamuna Nagar, about a year ago, due to which the people of Abhishek @ Rishu's in-laws' side had a grudge each other. On 21.04.2024, Abhishek @ Rishu's maternal uncle's daughter Sonia got married, to attend which I and Abhishek alias Rishu our families. After the girl's farewell, I, Abhishek @ Rishu and Shashikant S/O Om Shankar Tiwari, resident of Hanuman Colony, Yamuna Nagar, age 24 years, all three were sitting in Abhishek @ 1919, brand Tata Tiago, in the street outside the house, when at about 10.15 PM, five boys came on two motorcycles with sharp weapons in their hands and attacked all three of us with the intention ing us. First of all Channa Singh @ Chinu Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Gadhauli Colony, attacked Abhishek @ Rishu, who was sitting on the driver's seat, with knives and swords. First of all Channa Singh @ Chinu Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Colony, Yamuna Nagar attacked Abhishek @ Rishu, who was sitting on the driver's seat, with knives and swords. At the same time, Tinku sons of Jaswinder Sharma, residents of Gadhauli Colony, Yamuna Nagar, attacked me with knives and swords. resident near Khalsa College, Yamuna Shashikant, who was sitting on the back seat, with a knife ter that, all five attackers attacked us with bricks and shouted "Mar Diya - Mar Diya", hearing our people gathered at the spot and all the attackers fled from the spot with their weapons and they were also threatening to kill us. Our family members admitted us for treatment at Civil Hospital Yamuna Nagar where the doctor referred us due to severe injuries. Thereafter our family Hospital Yamuna Nagar for treatment. treatment Abhishek @ Rishu above mentioned died due to injuries sustained in the fight. I and Shashikant are admitted for treatment at Gaba Nagar. The attackers Channa Singh @ Chinu Gujjar, Sachin @ Anupam Gujjar, Aryan Sharma, Rahul alias Tinku and attacked me, Shashikant and Abhishek @ Rishu with Rishu aforesaid died due to the injuries sustained in this fight. Channa Singh @ Chinu Gujjar's motorcycle Splendor. You are requested to take legal against Channa Singh @ Chinu Gujjar, Anupam Gujjar, Aryan Sharma, Rahul alias Tinku and Abhishek. I have got my statement recorded in Gaba Hospital, Yamuna Nagar, which has been heard and is correct.” oner has argued that the petitioner . Learned counsel has further argued that the Learned counsel has iterated that with no criminal antecedents. It prime prosecution witness, namely Akash 2222 Jagir Singh, resident of Gadhauli Colony, Yamuna Nagar, about a year ago, due laws' side had a grudge s daughter Sonia got married, to attend which I and Abhishek alias Rishu our families. After the girl's farewell, I, Abhishek @ Rishu and Shashikant S/O Om Shankar Tiwari, resident of Hanuman were sitting in Abhishek @ 1919, brand Tata Tiago, in the street outside the came on two motorcycles with sharp weapons in their hands and attacked all three of us with the intention ing us. First of all Channa Singh @ Chinu Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Gadhauli Colony, attacked Abhishek @ Rishu, who was sitting on the Chinu Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Colony, Yamuna Nagar attacked Abhishek @ Rishu, who was sitting on the driver's seat, with knives and swords. At the same time, Sharma, residents of Gadhauli Colony, Yamuna Nagar, attacked me with knives and swords. resident near Khalsa College, Yamuna knife attacked us with bricks and Mar Diya", hearing our people gathered at the spot and all the attackers fled from the spot l us. Our family members admitted us for treatment at Civil Hospital Yamuna Nagar where Thereafter our family for treatment. bove mentioned died due to injuries sustained in the fight. I and Shashikant are admitted for treatment at Gaba Nagar. The attackers Channa Singh @ Chinu Gujjar, Sachin @ Anupam Gujjar, Aryan Sharma, Rahul alias Tinku and and Abhishek @ Rishu with injuries sustained in this fight. Channa Singh @ Chinu Gujjar's motorcycle egal against Channa Singh @ Chinu Gujjar, Anupam Gujjar, Aryan Sharma, Rahul alias Tinku and Abhishek. I have got my statement recorded in Gaba Hospital, Yamuna oner has argued that the petitioner . Learned counsel has further argued that the Learned counsel has iterated that ecedents. It Akash MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----17191 17191 17191 17191---- (FIR/complainant) regular bail is prayed for. 4. arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certific Court today, which is taken on record. 5. available records of the case. 6. investigation was carried out and challan was presented on Total 17 prosecution witnesses have been cited examined till date. witnesses have been examin debatable issues testimony of the hostile witnesses, during the course of trial. This Court does not deem it 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. 6.1. State counsel, the petitioner has already suffered incarceration for a period ----2025 2025 2025 2025 (FIR/complainant) and PW – Shashikant (injured) regular bail is prayed for. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certific , which is taken on record. I have heard counsel for the parties and have gone through the available records of the case. The petitioner was arrested on investigation was carried out and challan was presented on prosecution witnesses have been cited examined till date. It is not in dispute that all the private prosecution witnesses have been examined. The rival contention raised at par give rise to debatable issues; including the weightage required to be attached to the testimony of the hostile witnesses, shall essentially be ratiocinated upon during the course of trial. This Court does not deem it 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 osecution evidence. As per custody certificate dated State counsel, the petitioner has already suffered incarceration for a period 3333 Shashikant (injured) have turned hostile. Thus, Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 19.08.2025 in the I have heard counsel for the parties and have gone through the The petitioner was arrested on 22.04.2024 whereinafter investigation was carried out and challan was presented on 05.07.2024. prosecution witnesses have been cited, and only 06 have been not in dispute that all the private prosecution The rival contention raised at par give rise to the weightage required to be attached to the shall essentially be ratiocinated upon during the course of 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 process of justice or interfering with the As per custody certificate dated 19.08.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period 3333 Thus, Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State the I have heard counsel for the parties and have gone through the whereinafter . been not in dispute that all the private prosecution The rival contention raised at par give rise to the weightage required to be attached to the shall essentially be ratiocinated upon 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 .2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----17191 17191 17191 17191---- of 01 year, 03 months and 25 days years, & is not undertrial is not warranted in the facts and circumstances of the case. 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 by the concerned Magistrate, the petitioner shall remain bound 8. which may be imposed by concerned hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. ----2025 2025 2025 2025 01 year, 03 months and 25 days. The petitioner is a young man aged 21 , & is not shown to be involved in any other case/FIR 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 o 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 by the concerned Magistrate, the petitioner shall remain bound (i) The petitioner shall not mis (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (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 cellp 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 State/complainant shall be at liberty to move cancellation of bail of the Ordered accordingly. 4444 The petitioner is a young man aged 21 shown to be involved in any other case/FIR. 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 o 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 The petitioner shall give 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 breach of any of the aforesaid conditions and those CJM/ Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the 4444 The petitioner is a young man aged 21 Suffice to say, further detention of the petitioner as an In view of above, the present petition is allowed. Petitioner is o 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 hone 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 breach of any of the aforesaid conditions and those Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----17191 17191 17191 17191---- 10. opinion on the merits of the case. 11. application, if any, shall also stands disposed August 20 August 20 August 20 August 20, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 5555 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 Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment