245 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27665-2025 Date of decision: 23.05.2025 Aakash Deep alias Akashdeep ....Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Kushager Goyal, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana. HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in case bearing FIR No.114 dated 07.03.2025 under Sections 115, 118(1), 3(5) and 351(2) of BNS, 2023 (Section 118(2) of BNS added later on) registered at Police Station Rania, Sirsa, District Sirsa. The brief facts of the case are that the FIR (supra) was registered on the statement of complainant Sandeep son of Chiranji Lal, resident of Ward No.15 Rania to the effect that he works as disc jokey. Yesterday i.e. 06.03.2025 at about 9:00 AM he was standing near Water Works with his DJ vehicle. At that time Akashdeep son of Dilbag Singh and Nannu and two unknown persons came there carrying kirpan in their hands and all the four started giving kirpan blows to him. Nannu gave a kirpan blow upon him which hit on his right hand as a result of which his hand was injured. Akashdeep and two others continued causing injuries to him with kirpan. On receiving several injuries, he made a noise which attracted several persons at the spot and seeing them the assailants Neha 2025.05.23 16:20 I attest to the accuracy and integrity of this document CRM-M-27665-2025 -2- fled away from the spot alongwith their respective weapons and while leaving they also issued life threats to him. The complainant thereby sought strict legal action against the culprits. On the basis of above statement, the present FIR was registered. Learned counsel for the petitioner inter alia contends that no specific injury has been attributed to the petitioner. Further, it is a case of version and cross-version and in fact, the petitioner was beaten up by the complainant party. However, the local police acted under the influence of the complainant and resisted his version instead of taking action on the complaint submitted by the petitioner. He further submits that similarly situated co- accused, namely, Arshdeep @ Harshdeep, has been granted the concession of regular bail by this Court vide order dated 15.05.2025 passed in CRM-M- 25636-2025 titled as ‘Arshdeep @ Harshdeep Vs. State of Haryana’ (Annexure P-2). He further submits that the petitioner is not involved in any other case. Learned counsel for the petitioner further submits that there are total 11 prosecution witnesses cited in the list of witnesses, out of which, no PW has been examined till date and the trial is likely to take long time in conclusion. Per contra, learned State counsel has vehemently opposes the prayer made by learned counsel for the petitioner on the ground that the complainant was given severe injuries with sharp edged weapon and he was also threatened and the accused also uploaded the video of the alleged incident on social media. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bars from the Neha 2025.05.23 16:20 I attest to the accuracy and integrity of this document CRM-M-27665-2025 -3- last 02 months and 11 days. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. Charges were framed and trial of the case has not made much progress. Out of 11 prosecution witnesses, no PW has been examined so far. A two Judge Bench of Hon’ble Supreme Court in ‘Satender Kumar Antil v. CBI’ (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed: “6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other.” Further the culpability, if any, would be determined at the time of trial and as such, no useful purpose will be served by further detention of the petitioner-accused. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India. Neha 2025.05.23 16:20 I attest to the accuracy and integrity of this document CRM-M-27665-2025 -4- In view the discussion above, the present petition is allowed. Accordingly, without commenting upon the merits of the case, the petitioner, namely, Aakash Deep @ Akashdeep, is ordered to be released on regular bail during pendency of the trial, on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court/Duty Magistrate. Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial. (HARPREET SINGH BRAR) JUDGE 23.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.23 16:20 I attest to the accuracy and integrity of this document