[230] [1] Jagdeep alias Jagdeep State of Punjab [2] Sunil alias Chahi State of Punjab Coram : Present: RAJESH BHARDWAJ [1] arising out of the same FIR. [2] regular bail 10.02.2024 registered at Police Station IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- Date of Decision : Jagdeep alias Jagdeep Gujjar versus State of Punjab CRM-M- Sunil alias Chahi versus State of Punjab HON’BLE MR. JUSTICE RAJESH BHARDWAJ Mr. Japjit Singh Johal, Advocate for the petitioner in CRM-M-31472-2025. Mr. Gaurav Datta, Advocate, Mr. Vaibhav Bhargav, Advocate Mr. K.P. Singh, Advocate for the petitioner in CRM-M-54994-2024. Ms. Simran Goria, AAG, Punjab. Mr. Harshit Joon, Advocate for the *** RAJESH BHARDWAJ, J. (ORAL) By this order, I dispose of the above mentioned two petitions arising out of the same FIR. Both the petitions have been filed praying for the grant of regular bail to the petitioners in case bearing FIR No. 10.02.2024, under Sections 307, 323, 341, registered at Police Station Naya Gaon, District SAS Nagar. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -31472-2025 Date of Decision : 25.09.2025 …Petitioner ….Respondent -54994-2024 …Petitioner ….Respondent RAJESH BHARDWAJ Advocate for the petitioner , Advocate and for the petitioner Ms. Simran Goria, AAG, Punjab. Advocate for the complainant. By this order, I dispose of the above mentioned two petitions Both the petitions have been filed praying for the grant of to the petitioners in case bearing FIR No.0010, dated 307, 323, 341, 506, 148 and 149 of IPC, 1860 Naya Gaon, District SAS Nagar. By this order, I dispose of the above mentioned two petitions Both the petitions have been filed praying for the grant of , dated 148 and 149 of IPC, 1860, RAJNEESH SHARMA 2025.09.26 19:34 I attest to the accuracy and integrity of this document CRM-M-31472 [3] case was lodged on the statement of complainant, namely, Ashu Singh, s/o Singh was coming back to his Village Kansal from work and reached near Secretariat Road, Harmanpreet Singh and 2 surrounded his brother and started beating him Police/CRPF Personnel, the accused fled away from the spot the complainant and his friend a Gurpreet Singh to his house and when they reached near ‘ accused, namely, Har Tari armed with sword, Inder armed with rod, Rajinder Sharma armed with rod and Sunil @ Chahi armed with sword opened attack on the complainant Jagdeep (petitioner in gave gandasi Jagdeep gave iron rod blow on gave sword blow on the person of Mangal, which hit on his back. Taari gave anot Preet came forward to save them, then Taari and Harmanpreet Singh encircled him and Gurpreet, which hit on his back and Harman gave Kirpan blow on of Gurpreet. Thereafter, 31472-2025 & CRM-M-54994-2024 Succinctly, the facts of the case are that the FIR in the present case was lodged on the statement of complainant, namely, Ashu , s/o Amar Singh. It was alleged that Singh was coming back to his Village Kansal from work and reached near Secretariat Road, Harmanpreet Singh and 2 surrounded his brother and started beating him Police/CRPF Personnel, the accused fled away from the spot the complainant and his friend and his cousin Mangal were going to drop Gurpreet Singh to his house and when they reached near ‘ accused, namely, Harman armed with sword, armed with sword, Inder armed with ajinder Sharma armed with danda armed with rod and Sunil @ Chahi (petitioner in armed with sword opened attack on the complainant (petitioner in CRM-M-31472-2025 gandasi blow on his person, which hit on the right side of his head. Jagdeep gave iron rod blow on his head and he fell on the ground. Taari gave sword blow on the person of Mangal, which hit on his back. Taari gave another sword blow on the person of Mangal, but he escaped. When Preet came forward to save them, then Taari and Harmanpreet Singh encircled him and Sunil @ Chahi gave Kirpan blow on the person of Gurpreet, which hit on his back and Harman gave Kirpan blow on of Gurpreet. Thereafter, all three fell on -2- facts of the case are that the FIR in the present case was lodged on the statement of complainant, namely, Ashu Santokh alleged that on 08.02.2024, his brother-Rajbir Singh was coming back to his Village Kansal from work and when he reached near Secretariat Road, Harmanpreet Singh and 2-3 unknown persons surrounded his brother and started beating him and on intervention of Police/CRPF Personnel, the accused fled away from the spot. Thereafter, nd his cousin Mangal were going to drop Gurpreet Singh to his house and when they reached near ‘Gugga Maadi man armed with sword, Babbi armed with gandasi, armed with sword, Inder armed with gandasi, Vicky armed with iron danda and Billa Chaudhary and Jagd etitioner in CRM-M-54994-2024) duly armed with sword opened attack on the complainant party. Binder and 2025) caught hold of him. Binder blow on his person, which hit on the right side of his head. his head and he fell on the ground. Taari gave sword blow on the person of Mangal, which hit on his back. Taari her sword blow on the person of Mangal, but he escaped. When Preet came forward to save them, then Taari and Harmanpreet Singh Chahi gave Kirpan blow on the person of Gurpreet, which hit on his back and Harman gave Kirpan blow on the head on the ground and then Vicky, facts of the case are that the FIR in the present Santokh Rajbir when he 3 unknown persons and on intervention of Thereafter, nd his cousin Mangal were going to drop Gugga Maadi’, gandasi, armed with iron Jagdish duly Binder and caught hold of him. Binder blow on his person, which hit on the right side of his head. his head and he fell on the ground. Taari gave sword blow on the person of Mangal, which hit on his back. Taari her sword blow on the person of Mangal, but he escaped. When Preet came forward to save them, then Taari and Harmanpreet Singh Chahi gave Kirpan blow on the person of the head Vicky, RAJNEESH SHARMA 2025.09.26 19:34 I attest to the accuracy and integrity of this document CRM-M-31472 Rajinder Sharma, Billa Chaud them with sticks. They raised alarm and on accused fled away from the spot alongwith their respective weapons. the request was made to take and cross version at the behest of the petitioner's side was also lodged vide DDR No.24, dated 13.02.2024. On registration of the version and cross version, the investigation commenced. The petitioner, namely, Chahi was arrested on @ Jagdeep Gujjar was arrested on 06.12.2024. investigation, the challan was presented and on framing of charges, the trial commenced. Judge, SAS Nagar, praying for grant, however, after hearing both the sides and finding no merits in the same, the learned Sessions Judge, SAS Nagar, declined the bail applications filed by both the petitioners vide orde 13.01.2025 and 26.09.2024 respectively. are before this Court by way of filing present petitions, praying for grant of regular bail. approached th which was dismissed his second petition. [4] petitioners have been falsely implicated in t submitted that admittedly the case is a version and cross version. 31472-2025 & CRM-M-54994-2024 Rajinder Sharma, Billa Chaudhary and unk them with sticks. They raised alarm and on accused fled away from the spot alongwith their respective weapons. the request was made to take the legal action against the accused. A version and cross version at the behest of the petitioner's side was also lodged vide DDR No.24, dated 13.02.2024. On registration of the version and cross version, the investigation commenced. The petitioner, namely, was arrested on 10.08.2024 whereas the petitioner, namely, Jagdeep @ Jagdeep Gujjar was arrested on 06.12.2024. investigation, the challan was presented and on framing of charges, the trial commenced. Both the petitioners approached the Court of learned Sessions Judge, SAS Nagar, praying for grant, however, after hearing both the sides and finding no merits in the same, the learned Sessions Judge, SAS Nagar, declined the bail applications filed by both the petitioners vide orde 13.01.2025 and 26.09.2024 respectively. are before this Court by way of filing present petitions, praying for grant of regular bail. The petitioner, namely, Jagdeep approached this Court vide CRM-M-8036 which was dismissed on merits vide order dated 18.02.2025 his second petition. Learned counsels for the petitioners have submitted that the petitioners have been falsely implicated in t submitted that admittedly the case is a version and cross version. -3- ary and unknown persons gave beatings to them with sticks. They raised alarm and on hearing the same, all the accused fled away from the spot alongwith their respective weapons. Thus legal action against the accused. A version and cross version at the behest of the petitioner's side was also lodged vide DDR No.24, dated 13.02.2024. On registration of the version and cross version, the investigation commenced. The petitioner, namely, Sunil @ 10.08.2024 whereas the petitioner, namely, Jagdeep @ Jagdeep Gujjar was arrested on 06.12.2024. On completion of investigation, the challan was presented and on framing of charges, the trial oached the Court of learned Sessions Judge, SAS Nagar, praying for grant, however, after hearing both the sides and finding no merits in the same, the learned Sessions Judge, SAS Nagar, declined the bail applications filed by both the petitioners vide order dated 13.01.2025 and 26.09.2024 respectively. Hence, aggrieved, the petitioners are before this Court by way of filing present petitions, praying for grant of Jagdeep @ Jagdeep Gujjar, earlier 8036-2025 for grant of regular bail vide order dated 18.02.2025. Hence, this is Learned counsels for the petitioners have submitted that the petitioners have been falsely implicated in the present case. They have submitted that admittedly the case is a version and cross version. Learned s gave beatings to hearing the same, all the Thus, legal action against the accused. A version and cross version at the behest of the petitioner's side was also lodged vide DDR No.24, dated 13.02.2024. On registration of the version and cross nil @ 10.08.2024 whereas the petitioner, namely, Jagdeep On completion of investigation, the challan was presented and on framing of charges, the trial oached the Court of learned Sessions Judge, SAS Nagar, praying for grant, however, after hearing both the sides and finding no merits in the same, the learned Sessions Judge, SAS Nagar, r dated Hence, aggrieved, the petitioners are before this Court by way of filing present petitions, praying for grant of @ Jagdeep Gujjar, earlier bail this is Learned counsels for the petitioners have submitted that the he present case. They have Learned RAJNEESH SHARMA 2025.09.26 19:34 I attest to the accuracy and integrity of this document CRM-M-31472 counsel for the petitioner (in CRM petitioner, namely, however as per the MLR, alleged injury caused by him has been declared simple in nature. 2025) has submitted that the petitioner, namely, Jagdeep was given iron rod blow on the head of the complainant, however as per the MLR, the said injury has also been declared simple in nature. [5] the case is was the aggressor which was present case. It is submitted arrest and though the petitioners Chahi are involved in one more case, however, on that case petitioners deserve to be granted bail. [6] submissions made by assembly. She further submits that simply, but the same ha thus the intention petitioners do not deserve the concession of bail. 31472-2025 & CRM-M-54994-2024 counsel for the petitioner (in CRM-M-54995 petitioner, namely, Sunil @ Chahi was alleged to have armed with a sword, however as per the MLR, alleged injury caused by him has been declared simple in nature. Learned counsel for the petitioner (in CRM ) has submitted that the petitioner, namely, Jagdeep s given iron rod blow on the head of the complainant, however as per the MLR, the said injury has also been declared simple in nature. Learned counsels for the petitioners have submitted that once is of version and cross-version, it is the aggressor. They have submitted which was aggressor and the petitioners have been case. It is submitted that petitioners arrest and though the petitioners Jagdeep alias Jagdeep Gujjar and Sunil alias are involved in one more case, however, on that case. They have submitted that in facts and circumstances, the petitioners deserve to be granted bail. Per contra, learned counsel for the complainant has opposed the submissions made by counsel for the assembly. She further submits that though but the same have been inflicted thus the intention of the petitioners is writ large petitioners do not deserve the concession of bail. -4- 54995-2024) has submitted that the was alleged to have armed with a sword, however as per the MLR, alleged injury caused by him has been declared Learned counsel for the petitioner (in CRM-M-31472 ) has submitted that the petitioner, namely, Jagdeep @ Jagdeep Gujjar s given iron rod blow on the head of the complainant, however as per the MLR, the said injury has also been declared simple in nature. Learned counsels for the petitioners have submitted that once version, it is matter of trial that which party ted that it was the complainant side the petitioners have been falsely implicated in the that petitioners are behind bars since the date of Jagdeep alias Jagdeep Gujjar and Sunil alias are involved in one more case, however, Sunil alias Chahi is on bail . They have submitted that in facts and circumstances, the counsel for the complainant has opposed the counsel for the petitioners are part of unlawful though, the injuries have been declared inflicted on the vital parts of the body and writ large. He submits that thus petitioners do not deserve the concession of bail. ) has submitted that the was alleged to have armed with a sword, however as per the MLR, alleged injury caused by him has been declared 31472- @ Jagdeep Gujjar s given iron rod blow on the head of the complainant, however as per the Learned counsels for the petitioners have submitted that once which party that it was the complainant side implicated in the behind bars since the date of Jagdeep alias Jagdeep Gujjar and Sunil alias Sunil alias Chahi is on bail . They have submitted that in facts and circumstances, the counsel for the complainant has opposed the are part of unlawful been declared of the body and thus the RAJNEESH SHARMA 2025.09.26 19:34 I attest to the accuracy and integrity of this document CRM-M-31472 [7] the submissions made by counsel for the petitioners and thus submits that it is a case of version and cross version. Both the sides are facing prosecution in the same and charges have also been framed. both the petitioners today in the Court and the same are taken on record. [8] [9] record, admittedly, the case is of version and cross version. The injuries alleged against the petitioners have been found to be simple in nature. The contentions raised by both the sides regarding the intent and contending that other party was aggress would be assessed on weighing the evidences challan has already been submitted. produced would M-31472- on 23.09.2025 and Sunil alias Chahi ( completed the incarceration of 01 ye 14.09.2025. Custody Certificates further show that involved in one more FIR i.e. FIR No.370 dated 11.09.2021 under Sections 452, 473, 506 IPC at Police Station Pinjore, however, bail in the same. 31472-2025 & CRM-M-54994-2024 Learned counsel for the State however has vehemently opposed the submissions made by counsel for the petitioners and thus submits that it is a case of version and cross version. Both the sides are facing prosecution ame. She, on instructions, has submit harges have also been framed. She has produced custody certificates of both the petitioners today in the Court and the same are taken on record. Heard. After hearing learned counsel for the parties and perusing the dmittedly, the case is of version and cross version. The injuries alleged against the petitioners have been found to be simple in nature. The contentions raised by both the sides regarding the intent and contending that other party was aggress would be assessed on weighing the evidences challan has already been submitted. Custody certificate produced would show that Jagdeep alias Jagdeep Gujjar ( -2025) has completed the incarceration of 09 months and 12 days on 23.09.2025 and Sunil alias Chahi (petitioner completed the incarceration of 01 year 01 month and 14 days as on 14.09.2025. Custody Certificates further show that involved in one more FIR i.e. FIR No.370 dated 11.09.2021 under Sections 452, 473, 506 IPC at Police Station Pinjore, however, bail in the same. -5- Learned counsel for the State however has vehemently opposed the submissions made by counsel for the petitioners and thus submits that it is a case of version and cross version. Both the sides are facing prosecution submitted that challan has been filed She has produced custody certificates of both the petitioners today in the Court and the same are taken on record. ned counsel for the parties and perusing the dmittedly, the case is of version and cross version. The injuries alleged against the petitioners have been found to be simple in nature. The contentions raised by both the sides regarding the intention of the petitioners and contending that other party was aggressor is purely a matter of trial, which would be assessed on weighing the evidences. Investigating is complete and Custody certificates of the petitioner Jagdeep alias Jagdeep Gujjar (petitioner in CRM ) has completed the incarceration of 09 months and 12 days petitioner in CRM-M-54994-2024) has ar 01 month and 14 days as on 14.09.2025. Custody Certificates further show that the both the petitioners are involved in one more FIR i.e. FIR No.370 dated 11.09.2021 under Sections 452, 473, 506 IPC at Police Station Pinjore, however, Sunil alias Chahi Learned counsel for the State however has vehemently opposed the submissions made by counsel for the petitioners and thus submits that it is a case of version and cross version. Both the sides are facing prosecution ted that challan has been filed She has produced custody certificates of ned counsel for the parties and perusing the dmittedly, the case is of version and cross version. The injuries alleged against the petitioners have been found to be simple in nature. The ion of the petitioners , which Investigating is complete and of the petitioners CRM- ) has completed the incarceration of 09 months and 12 days as 2024) has ar 01 month and 14 days as on the both the petitioners are involved in one more FIR i.e. FIR No.370 dated 11.09.2021 under Sections Sunil alias Chahi is on RAJNEESH SHARMA 2025.09.26 19:34 I attest to the accuracy and integrity of this document CRM-M-31472 [10] merits of the case. Keeping in view the arguments raised by both the sides, this Court is of the opinion that making out a case for grant of regular bail to the petitioner present petition is allowed and the petitioner Gujjar and Sunil alias Chahi are furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Jagdeep Gujjar, does not furnish the bail bonds within seven days from today, then his further custody period after one week will not be counted in this case. [11] on the merits of the case. 25.09.2025 ‘R. Sharma' 31472-2025 & CRM-M-54994-2024 This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides, this Court is of the opinion that learned counsel for the petitioner making out a case for grant of regular bail to the petitioner present petition is allowed and the petitioner Gujjar and Sunil alias Chahi are ordered to be rel furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. However, if the petit Jagdeep Gujjar, does not furnish the bail bonds within seven days from today, urther custody period after one week will not be counted in this case. Nothing said herein shall be treated as an expression of opinion on the merits of the case. 25.09.2025 Whether speaking/ reasoned Whether reportable -6- This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides, learned counsel for the petitioners succeeds in making out a case for grant of regular bail to the petitioners. Accordingly, the present petition is allowed and the petitioners namely Jagdeep alias Jagdeep ordered to be released on bail on furnishing bail/surety bonds to the satisfaction of the concerned trial However, if the petitioner, namely Jagdeep alias Jagdeep Gujjar, does not furnish the bail bonds within seven days from today, urther custody period after one week will not be counted in this case. Nothing said herein shall be treated as an expression of opinion (RAJESH BHARDWAJ JUDGE : Yes/No : Yes/No This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides, succeeds in . Accordingly, the s namely Jagdeep alias Jagdeep eased on bail on their furnishing bail/surety bonds to the satisfaction of the concerned trial oner, namely Jagdeep alias Jagdeep Gujjar, does not furnish the bail bonds within seven days from today, urther custody period after one week will not be counted in this case. Nothing said herein shall be treated as an expression of opinion RAJESH BHARDWAJ) RAJNEESH SHARMA 2025.09.26 19:34 I attest to the accuracy and integrity of this document