1 CRM-M-32846-2025 (O&M) 103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32846-2025 (O&M) Date of Decision: 03.07.2025 Yadram @ Vicky .. Petitioner Vs. State of Haryana ..Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vibhor Bansal, Advocate and Mr. Ishank Bansal, Advocate for the petitioner. Mr. Aashish Bishnoi, DAG, Haryana. Mr. K.D.S. Hooda, Advocate for the complainant. ... SUMEET GOEL , J. (Oral) 1. Present petition has been filed under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.123 dated 28.03.2025 under Sections 191(3), 190, 115(2), 351(3), 109(1), 61(2) and 117 of Bharatiya Nyaya Sanhita, 2023 and under Sections 25-54-59 of Arms Act registered at Police Station City Palwal, District Palwal. 2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:- “To, Incharge Police Post, Police Post Sector 2 Palwal. Subject: Application for registration of case and for taking legal action against 1. Ashok 2. Suresh 3. Birsingh 4. Subhash sons Raghuveer 5. Rahul 6. Sachin sons of Suresh 7. Kapil 8. Vijay sons of Birsingh, r/o Patli Khurd 9. Siri s/o Jagram 10. Balram s/o Santram 11. Arjun s/o unknown 12. Vishesh Tewatia s/o unknown 13. Rasul Malik s/o unknown 14. Bharat s/o Veer Narayan 15. Dalchand s/o unknown 16. Sanju s/o unknown 17. Sanjay s/o Tejveer 18. Rajat son of Prahlad and 30-40 Unknown persons. Sir, it is submitted that I the applicant is the resident of village Patli Khurd Tehsil and District Palwal. That we villagers had been sitting on dharna (protest) on Shamlat Deh land for a long time. Which As per the land revenue records, R.C. Agarwal has wrongly registered his name in the colomn of the owner. On dated 26-03-2025 at about 11.30 am, Ashok son Jasmine Kaur 2025.07.03 17:00 I attest to the accuracy and authenticity of this document CRM-M-32846-2025 (O&M) of Raghuveer at the saying of above RC Aggarwal came on a tractor on Shamlat Deh Land to plough the land. The villagers sitting there on dharna (protest) stopped him from ploughing the field then Ashok went back. Today on 28-03-2025 at around 11.30 am. After hatching a conspiracy, with R.C. Aggarwal Ashok by calling his entire family and outside goons carrying illegal weapons like country made pistol (desi katta), pistol, axe, hammer, stick, danda in their hands came to spot with an intention to kill the villagers sitting on the protest (dhana) villagers at that time were less in numbers because rest of the villagers in the morning had gone out for their work and taking advantage of this, the above accused by conspiring with each other, in an organised manner came to the spot and fired straight with the intention to kill the villagers sitting on the protest dharna and also fired in the air to create an atmosphere of fear. Ashok fired a direct bullet on my brother Vipin with the illegal pistol in his hand and that bullet crossed from very close to Vipin's right eat. Then Rahul who had country made pistol in his hand fired a direct shot at Vinod son of Shyamlal from which Vinod also had Ja a narrow escape. Sachin son of Suresh who had country made pistol in his hand fired a shot on Rahul son of Motiram which crossed near Motiram. Just then Suresh and Birsingh who had hammers in their hands with other goons they had started intensely attacking Vipin, Vinod Rahul. Siri son of Jagram who had illegal pistol in his hand fired many air shots, Kapil son of Bir Singh and Vijay son Veersingh who had iron rods in their hands attacked intensely on Vinod son of Shyamlal and caused serious injuries. Subhash son of Raghuvir who had Stick in his hand attacked Manoj son of Satbir and gave injuries and along with him Balram son of Santram was also giving injuries to Manoj. Arjun, Rahul Malik, Bharat, Dalchand, Sanju, Sanjay, Rajat who had come alongwith the above persons also had beaten up other villagers with kicks and punches. Vishesh Tewatia who had hammer in his hand hit Vipin and injured his hand and foot. Somehow some villagers saved their lives by jumping over the wall and escaping from the spot. 30-40 unknown people who came with the above accused who also had Sticks and dandas who created an atmosphere of fear and all the culprits before leaving said that end this dharna protest and quietly let us make the boundary of this land. Ashok and Siri publicly said that RC Agarwal has given us one crore rupees for the taking the possession of land. If after today any of you people sit on a dharna protest then you will lose your life. Then some villager called on 112 and the police reached there. Seeing the police coming the accused fled from the spot along with the weapons. Even before this, at around 9.30 in the morning, SHO Sahab of P.S. City Palwal had come on the spot on the call of the villagers but till then there was no atmosphere of fight and SHO Sahab gave instructions to Ashok and others that they should not do any work on this land and should come to the police station with their papers. But Ashok ete did not go to the police station instead, Ashok and others along with other accused and 30-40 unknown persons planned the fight and executed the above crime in a planned manner. In this fight, Vipin, Vinod, Rahul Manoj have suffered serious injuries who were medically examined at the General Hospital, Palwal but due to their serious injuries, they have been referred to a higher centre. Manoj, Deviram, Gautam, Krishna, Satish, Karan, Sonu etc were present at the spot at the time of the fight who brought the injured to the hospital. Krishan and Satish have told me the entire incident. Now I have coane with the MLR of the above injured along with the report. Therefore, it is requested to you sir that a case be registered against the above accused and strict legal action be taken and we should be given justice. Date: 28-03-2025 SD- Lakhan pal Applicant:- Lakhanpal son of Shri Anangpal, resident of village Patli Khurd, Tehsil and District Palwal. Mobile No. 8708563131.” Jasmine Kaur 2025.07.03 17:00 I attest to the accuracy and authenticity of this document 3 CRM-M-32846-2025 (O&M) 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 16.04.2025. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated into the FIR in question. Learned counsel for the petitioner has further argued that there is no clear specific role along with supporting evidence in the challan which may reflect to culpability of the petitioner. Learned counsel for the petitioner has further submitted that petitioner is a 32 years old man and is the only bread earner for his family. Learned counsel for the petitioner has further argued that the petitioner has clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has filed status report by way of an affidavit of Manoj Verma, HPS, Deputy Superintendent of Police, Crime Palwal, District Palwal in the Court today and the same is taken on record. A copy thereof has been furnished to learned counsel for the petitioner. Raising submissions in tandem with the said status report, learned State counsel assisted by learned counsel for the complainant has argued that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 16.04.2025 whereinafter investigation was carried out & challan was presented on 26.05.2025. Total 17 prosecution witnesses have been cited in the challan and none has been examined till date. It is thus indubitable that the culmination of the trial will take its own time. The contentions raised by rival counsel give rise to debatable issues which shall essentially be ratiocinated upon during the Jasmine Kaur 2025.07.03 17:00 I attest to the accuracy and authenticity of this document CRM-M-32846-2025 (O&M) course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. As per the custody certificate dated 02.07.2025 filed by the learned State counsel, the petitioner has suffered incarceration for more than 02 months and 18 days & is not shown to be involved in any other case. Suffice to say further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the present case. 7. In view of totality of factual matrix of the present case, the instant petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Jasmine Kaur 2025.07.03 17:00 I attest to the accuracy and authenticity of this document 5 CRM-M-32846-2025 (O&M) Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. 03.07.2025 (SUMEET GOEL) Jasmine Kaur JUDGE Whether speaking/reasoned Yes No Whether reportable Yes No Jasmine Kaur 2025.07.03 17:00 I attest to the accuracy and authenticity of this document