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2025 DAILYLAW 65048 (PNJ)

VIKASH v. STATE OF HARYANA

CRM-M/30200/2025 · 2025-08-18

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (207) CRM-M-30200-2025 Decided on : 18.08.2025 Vikash ……Petitioner(s) Versus State of Haryana ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Sauhard Singh, Advocate for the petitioner (s). Mr. Gurmeet Singh, AAG, Haryana. ***** Sumeet Goel (Oral): 1. The present petition has been filed under Section 482 of the ‘Bharatiya Nagarik Suraksha Sanhita’, 2023 for grant of anticipatory bail to the petitioner in case FIR No. 484, dated, 30.09.2024, registered at Police Station Kurukshetra University, District Kurukshetra, under Sections 110, 115, 190, 191 (3) and 351 (2) of the ‘Bhartiya Nyaya Sanhita, 2023 (Section 109 thereof was added and Section 110 thereof was deleted later on) 2. On 29.05.2025, the following order was passed: “1. The present petition has been filed under Section 482 of the ‘Bharatiya Nagarik Suraksha Sanhita’, 2023 for grant of anticipatory bail to the petitioner in case FIR No. 484, dated, NAVEEN NAGPAL 2025.08.18 17:28 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-30200-2025 P a g e | 2 30.09.2024, registered at Police Station Kurukshetra University, District Kurukshetra, under Sections 110, 115, 190, 191 (3) and 351 (2) of the ‘Bhartiya Nyaya Sanhita, 2023 (Section 109 thereof was added and Section 110 thereof was deleted later on). 2. Learned counsel for the petitioner contends that as per the FIR, no specific injury has been attributed to the petitioner. The specific allegations are against Rohit, who alleged to have hit on the head of injured Sunil with an Iron Rod and another un- identified person is alleged to have hit him on the left side of the head with ‘Gandasi’. 3. He further submits that others similarly placed co-accused Sanjeev Kumar and Amit Kumar have already been granted the concession of anticipatory bail by the Co-ordinate Bench, vide orders dated 19.02.2025 passed in CRM-M-65524 of 2024 and CRM-M-57608-2024, (Annexures P-3 and P-4, respectively). 4. Notice of motion. 5. On the asking of the Court, Mr. Aashish Bishnoi, D.A.G., Haryana, accepts notice on behalf of the respondent-State and has confirmed that Rohit has been arrested and recovery of Iron Rod has been effected from him. Another co-accused Rohit son of Om Parkash is also arrested and recovery of ‘Gandasa’ has been effected from him. He however, seeks time to file a reply. 6. Adjourned to 18.08.2025. 7. In the meanwhile, in the event of the arrest of the petitioner, he shall be released on interim bail, on his furnishing bail bonds and surety bonds to the satisfaction of the arresting officer/Area Magistrate and also subject to the following conditions: (i) That the petitioner shall further make himself available for interrogation by a police officer as and when required. (ii) That 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 from disclosing such facts to the Court or to any police officer. (iii) That the petitioner shall not leave India without the prior permission of the Trial Court/CJM concerned.” NAVEEN NAGPAL 2025.08.18 17:28 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-30200-2025 P a g e | 3 3. Learned State counsel has filed reply by way of affidavit of Shri Sunil Kumar, HPS, DSP, HQ, Kurukshetra in Court today, which is taken on record. A copy thereof has been furnished to learned counsel for the petitioner. Learned State counsel (on instructions from ASI Sandeep) has submitted that the petitioner has joined investigation and he ought not be extended the concession of anticipatory bail as allegations against him are serious nature. 4. Having heard learned counsel for the rival parties and upon perusal of the record, especially the factum of the petitioner having joined investigation and not having misused the concession of ad-interim anticipatory bail extended to him and the custodial interrogation is being sought for only on the ground that allegations him are serious in nature, this Court is inclined to allow the instant petition and to confirm the order dated 29.05.2025 granting interim anticipatory bail to the petitioner, subject to the conditions as enumerated under Section 482(2) of BNSS. 5. Ordered accordingly. 6. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. NAVEEN NAGPAL 2025.08.18 17:28 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-30200-2025 P a g e | 4 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) August 18, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.08.18 17:28 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh