CRM-M-17742-2025 -1- 232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17742-2025 Date of Decision:12.05.2025 LALIT …PETITIONER VS. STATE OF HARYANA …RESPONDENT Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Manish Bansal, Advocate & Ms. Diksha Sharma, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana. Mr. Sandeep Kumar Yadav, Advocate for the complainant. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of BNSS, 2023 with a prayer to grant regular bail to him in case FIR No.165 dated 18.07.2024, registered under Sections 115(2), 118(1), 3(5), 333, 351(2) & subsequently added Section 109(1) of BNS, 2023 (Erstwhile Sections 323, 324, 34, 452, 506, 307 IPC), Police Station Ateli, District Mahendergarh. 2. Learned counsel for the petitioner contends that the petitioner and his father Puran Singh has been falsely involved in the present case. As per the allegations levelled by the complainant, the petitioner had caused injuries with an axe on the head of the injured Bir Singh. He further contends that two VIPIN KUMAR 2025.05.13 18:45 I attest to the accuracy and integrity of this judgment/order CRM-M-17742-2025 -2- injuries suffered by Bir Singh have been declared to be simple in nature, whereas two other injuries have been declared to be dangerous to life. However, the said medical record was manipulated by the prosecution. Learned counsel further contends that the injured in the present case has been discharged from the hospital and is hale and hearty. The petitioner was arrested in the present case on 31.07.2024 and is in custody for the last almost 09 months. He further submits that in the present case, even the statement of Bir Singh, injured has already been recorded by the trial Court. He further contends that only one witness out of total 23 witnesses have been examined so far and the conclusion of the trial may take quite a long time. 3. On the other hand, learned State counsel assisted by learned counsel for the complainant have vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is the main accused and had caused injuries repeatedly on the head of the injured and he does not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. In the present case, the petitioner is in custody for the last more than 09 months and the prosecution has been able to examine even single witness out of total 23 witnesses so far. Even the injured has been discharged from the hospital and his statement has also been recorded by the trial Court. Thus, the petitioner may not be in a position to influence the material witnesses of the persecution. Moreover, Puran Singh has already been granted the concession of bail by this Court vide order dated 24.01.2025 passed by this Court (Annexure P-7). VIPIN KUMAR 2025.05.13 18:45 I attest to the accuracy and integrity of this judgment/order CRM-M-17742-2025 -3- 6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him VIPIN KUMAR 2025.05.13 18:45 I attest to the accuracy and integrity of this judgment/order CRM-M-17742-2025 -4- shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 12.05.2025 (N.S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.13 18:45 I attest to the accuracy and integrity of this judgment/order