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CRM-M-33291-2025 -1- 101
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33291-2025 DECIDED ON: 01.07.2025 SOURAV .....PETITIONER VERSUS STATE OF HARYANA
.....RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Aditya Sanghi, Advocate and Mr. Himanshu Garg, Advocate for the petitioner.
SANDEEP MOUDGIL, J (ORAL)
1. Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.176, dated 13.05.2025, under Sections 115(2), 140(3), 3(5), 351(2) of BNS, 2023 registered at Police station Sirsa Sadar, District Sirsa Haryana.
2. Contention On behalf of the petitioner
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that there is an unexplained delay of three days in the lodging of the FIR, and no specific motive has been attributed to the petitioner. It is further submitted that a total of 14 injuries have been reported, all of which have been opined to be simple in nature. Counsel also SHAM SUNDER 2025.07.01 18:16 I attest to the accuracy and integrity of this document
CRM-M-33291-2025 -2- argues that it was, in fact, one Sanjay who was primarily involved in the commission of the alleged offence, and the petitioner’s name has been introduced subsequently as an afterthought. The petitioner is willing to cooperate with the investigation and undertakes to join the same as and when required. Notice of motion. On behalf of the State/complainant On the asking of Court, Mr. Chetan Sharma, DAG Haryana, accepts notice on behalf of respondent/State. He does not dispute the submissions advanced by learned counsel for the petitioner and fairly concedes that all the injuries sustained are simple in nature. However, he prays for dismissal of the present petition, contending that co-accused Sanjay was present at the salon, and it was, in fact, the petitioner who arrived at the spot and took the complainant with him.
3.
Analysis Be that as it may, having given a considerable thought to the
submissions made hereinabove especially to the fact that admittedly the injuries attributed to the petitioner are simple in nature and the petitioner is not involved in any other case, meaning thereby he is a person of clean antecedents, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time.
4. Relief:- Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to his SHAM SUNDER 2025.07.01 18:16 I attest to the accuracy and integrity of this document
CRM-M-33291-2025 -3- satisfaction. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:- ‘When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person 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) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of one week, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed.
(SANDEEP MOUDGIL) 01.07.2025
JUDGE Sham Whether speaking/reasoned Yes/No Whether reportable Yes/No SHAM SUNDER 2025.07.01 18:16 I attest to the accuracy and integrity of this document