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2025 DAILYLAW 56440 (PNJ)

SAHIL v. STATE OF HARYANA

CRM-M/26342/2025 · 2025-08-12

Jasjit Singh Bedi

Public Interest Litigationbody2025

Judgment text

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CRM-M-26342-2025 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-26342-2025 Date of Decision:-12.08.2025 Sahil. ......Petitioner. Vs. State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Abhishek Sidwani, Advocate for the Petitioner. Mr. T.P. Singh, Senior DAG Haryana. *** JASJIT SINGH BEDI, J.(ORAL) The Prayer in this petition under Section 483 BNSS is for grant of the grant of regular bail to the petitioner in case FIR No.53 dated21.12.2024 under Sections 118(2), 3(5) of BNS, 2023 and Sections 25, 54, 59 of Arms Act (Section 109(2), 61(2) BNS was added later on) registered at Police Station GRP Jind. 2. The present FIR came to be registered at the isntance of Monu and reads as under:- “ Monu son of Rajbir resident village Pillu Kheda district Jind age 18 years mobile no. 97285-98565 stated that I am a resident of the above address and am taking coaching in ICS in Jind city. On 20.12.2024 at around 4.30 pm, 1 was standing at Pandu Pindara railway station and my friend Ronak son of Santram resident village Dhadoli, District Jind, who was coming from Jind to Pandu Pindara VINAY MAHAJAN 2025.08.13 12:54 I attest to the accuracy and integrity of this document CRM-M-26342-2025 #2# station by sitting in train JPR No. 04996 after studying from Jind, after that both of us were supposed to go to our respective villages from Pandu Pindara. As soon as train No. 04996 JPR came from Jind side, we reached Pandu Pindara railway station When the train stopped at Pindara, my friend Ronak got down from the coach next to the guard at the rear of the train on platform no. 1 of Pandu Pindara railway station. I saw him getting down and on seeing me, he started coming towards me. Then at platform no. 1 of Pandu Pindara railway station 5-6 boys, who had covered their faces with sheets and shawls, surrounded my friend Ronak and started beating him. Then my friend Ronak shouted my name Monu and started saying Monu take out the knife from inside me. As soon as I moved towards my friend Ronak, those 5-6 boys left my friend and ran towards the railway station Pandu Pindara had run away from the back of the train towards the fields. On reaching my friend's place, I saw that a sharp knife was stuck in my friend Ronak's stomach. First, I tried to remove the knife from his stomach but the knife did not come out and a lot of blood started oozing out of Ronak's stomach. So, I immediately took my friend Ronak from Pandu Pindara railway station on a person's motorcycle present there to Jind Civil Hospital. At that time, many railway passengers were present at Pandu Pindara railway station. I then informed my friend Ronak's family about the incident over the phone. On my information, Ronak's family came to Jind Civil Hospital. From Jind Civil Hospital, my friend Ronak was referred to PGIMS Rohtak but due to his condition worsening, Ronak's family brought him to Mahatma Gandhi Institute of Science Hospital, Hisar. Those 5-6 unknown boys have injured my friend Ronak by attacking him with a sharp knife. Against whom legal action should be taken. I am the VINAY MAHAJAN 2025.08.13 12:54 I attest to the accuracy and integrity of this document CRM-M-26342-2025 #3# complainant.” 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. Be that as it may taking the allegations to be correct, the injury attributed to him would attract Section 326 IPC and not Section 307 IPC . The co-accused, namely Ravi and Anitesh have been granted the concession of bail vide orders dated 17.03.2025 and 01.04.2025 (Annexure P-9 and P-10 respectively). As the petitioner is in custody since 25.12.2024, but none of the 19 prosecution witnesses have been examined so far the trial of the present case is not likely to be concluded anytime soon and therefore, they are entitled to the concession of bail. 4. The learned counsel for the State, on the other hand, contends that the petitioner is the main accused, having given a knife blow on the person of the injured. Looking at the nature of the allegations levelled against the petitioner, he is not entitled to the concession as prayed for. He however concedes that the petitioners are in custody since 25.12.2024 and that none of the 19 Pws have been examined so far. 5. I have heard the learned counsel for the parties. 6. The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the trial. Admittedly, the petitioner is stated to be in custody since 25.12.2024 and none of the 19 prosecution witnesses have been examined so far. Therefore, his further incarceration is not required. 7. Thus without commenting on the merits of the case, the present petitions are allowed and the petitioner-Sahil son of Sh. Hawa is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. VINAY MAHAJAN 2025.08.13 12:54 I attest to the accuracy and integrity of this document CRM-M-26342-2025 #4# 8. The petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.25,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioners from trial without sufficient cause. 10. The petitions stand disposed of. ( JASJIT SINGH BEDI ) JUDGE August 12, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.08.13 12:54 I attest to the accuracy and integrity of this document