209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT SURENDER SINGH @ NINIYA @ EKKA STATE OF HARYANA CORAM: HON' Present: Mr. Vishal Singh, Mr. Amit Aggarwal, DAG, Haryana. HARKESH MANUJA 1. By way 2023, prayer has been made for No.164 dated 117(2), 190, 191(3), 351(3) of BNS, 2023 (Section 117(2) of BNS 2023 was added later on) at Police Station Assandh, District Karnal. The aforesaid FIR is repro “Stated that I am a resident of the above mentioned address. I have a shop named Taj Decoration on Malikpur Road, Assandh. Today on 25.03.2025 at around 02:00 pm, I was going to my shop on a motorcycle with my friend Lovepreet Singh son o No. 10, Assandh. After some time, Jaikaran and Sawan and other unknown persons came there on a black Mahindra Scorpio and a motorcycle. Then, after getting down from the Mahindra Scorpio and the motorcycle, the above attacked me with a s had a Gandasa in his hand which was attached to a stick. Jaikaran attacked me with that Gandasa. And Sawan and others attackea me with sharp edged swords and daggers. I havesuffered a lot of injuries. And all of them have threatened t no number plate on the black Mahindra Scorpio. I had got my medical done from Government Hospital, Assandh and registered the above case, today you came to the spot and I have got the spot identified for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: SURENDER SINGH @ NINIYA @ EKKA Versus STATE OF HARYANA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vishal Singh, Advocate for the Mr. Amit Aggarwal, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 483 BNSS, 2023, prayer has been made for grant of regular bail in case FIR dated 25.03.2025 registered under Sections 115, 118(1), 117(2), 190, 191(3), 351(3) of BNS, 2023 (Section 117(2) of BNS 2023 was added later on) at Police Station Assandh, District Karnal. The id FIR is reproduced hereunder:- “Stated that I am a resident of the above mentioned address. I have a shop named Taj Decoration on Malikpur Road, Assandh. Today on 25.03.2025 at around 02:00 pm, I was going to my shop on a motorcycle with my friend Lovepreet Singh son o No. 10, Assandh. After some time, Jaikaran and Sawan and other unknown persons came there on a black Mahindra Scorpio and a motorcycle. Then, after getting down from the Mahindra Scorpio and the motorcycle, the above attacked me with a s had a Gandasa in his hand which was attached to a stick. Jaikaran attacked me with that Gandasa. And Sawan and others attackea me with sharp edged swords and daggers. I havesuffered a lot of injuries. And all of them have threatened to kill me before leaving. There was no number plate on the black Mahindra Scorpio. I had got my medical done from Government Hospital, Assandh and registered the above case, today you came to the spot and I have got the spot identified for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32784-2025 (O&M) Date of Decision: June 24, 2025 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Mr. Amit Aggarwal, DAG, Haryana. of present petition filed under Section 483 BNSS, grant of regular bail in case FIR 25.03.2025 registered under Sections 115, 118(1), 117(2), 190, 191(3), 351(3) of BNS, 2023 (Section 117(2) of BNS 2023 was added later on) at Police Station Assandh, District Karnal. The “Stated that I am a resident of the above mentioned address. I have a shop named Taj Decoration on Malikpur Road, Assandh. Today on 25.03.2025 at around 02:00 pm, I was going to my shop on a motorcycle with my friend Lovepreet Singh son of Joga Singh, Ward No. 10, Assandh. After some time, Jaikaran and Sawan and other unknown persons came there on a black Mahindra Scorpio and a motorcycle. Then, after getting down from the Mahindra Scorpio and the motorcycle, the above attacked me with a sharp weapon. Jaikaran had a Gandasa in his hand which was attached to a stick. Jaikaran attacked me with that Gandasa. And Sawan and others attackea me with sharp edged swords and daggers. I havesuffered a lot of injuries. o kill me before leaving. There was no number plate on the black Mahindra Scorpio. I had got my medical done from Government Hospital, Assandh and registered the above case, today you came to the spot and I have got the spot identified for (O&M) June 24, 2025 of present petition filed under Section 483 BNSS, grant of regular bail in case FIR 25.03.2025 registered under Sections 115, 118(1), 117(2), 190, 191(3), 351(3) of BNS, 2023 (Section 117(2) of BNS 2023 was added later on) at Police Station Assandh, District Karnal. The “Stated that I am a resident of the above mentioned address. I have a shop named Taj Decoration on Malikpur Road, Assandh. Today on 25.03.2025 at around 02:00 pm, I was going to my shop on a f Joga Singh, Ward No. 10, Assandh. After some time, Jaikaran and Sawan and other unknown persons came there on a black Mahindra Scorpio and a motorcycle. Then, after getting down from the Mahindra Scorpio and harp weapon. Jaikaran had a Gandasa in his hand which was attached to a stick. Jaikaran attacked me with that Gandasa. And Sawan and others attackea me with sharp edged swords and daggers. I havesuffered a lot of injuries. o kill me before leaving. There was no number plate on the black Mahindra Scorpio. I had got my medical done from Government Hospital, Assandh and registered the above TEJWINDER SINGH 2025.06.24 15:12 I attest to the accuracy and integrity of this document CRM-M-32784-2025 -2- you correctly. I have put the video recording of the CCTV cameras installed at the spot at the time of the incident in a pen drive and have presented the prepared pen drive of the video recording to you. Which was seized by the police as evidence. A separate seizure memo was prepared for which and I have signed the seizure memo. I have presented my certificate under Section 63-BSA regarding putting the video recording of the CCTV cameras in a pen drive and presented the same. I have got my statement written to you and have heard it, which is correct. 2. Learned counsel for the petitioner submits that the petitioner has not been named in the FIR nor any specific role is attributed to him. He also submits that the petitioner has been in custody for past more than 1 month and 15 days and the investigation already stands concluded with the filing of challan. 3. On the other hand, prayer made in the present petition has been vehemently opposed by learned State counsel while submitting that the petitioner was visible in the CCTV footage and thus, his presence was established at the time and place of incident. 4. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner. 5. In the present case, investigation already stands concluded with the filing of challan and the petitioner has not been attributed any specific role except for his presence at the spot. Moreover, the co- accused who was specifically named in the FIR namely Sawan has even been granted interim protection by this Court vide order dated 19.05.2025. Considering the aforesaid facts and circumstances, this Court does not find justification to extend his incarceration any further. TEJWINDER SINGH 2025.06.24 15:12 I attest to the accuracy and integrity of this document CRM-M-32784-2025 -3- 6. In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 7. Pending application(s), if any, shall also stand disposed of. 24.06.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.06.24 15:12 I attest to the accuracy and integrity of this document