CRM CRM CRM CRM----M M M M----33796 33796 33796 33796---- 225 225 225 225 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Anosh State of Haryana CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 regular bail to the petitioner in case FIR No. registered under Sections Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) the BNS added later on) 2. petition by the present in a vacant plot and started abusing us. ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: versus Haryana HON’BLE MR. HON’BLE MR. HON’BLE MR. HON’BLE MR. JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL Mr. Gaurav Gupta, Advocate for the petitioner. Mr. Deepak Kumar Grewal, DAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No. under Sections 115(2)/ 118(2)/ 191(2)/ 191(3)/ 3(5)/ 351(3) Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) BNS added later on), at Police Station Palla, District Faridabad. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows: “To The SHO, Police Station: Palla, Sir, it is submitted that I, Irfan s/o Akhtar Ansari r/o House No.3, street No.3, Teetu Colony, Part Faridabad. Today on 24.01.2025 at about 4 pm I alongwith my brother were near Arif's house then Charu and his three friends who were present in a vacant plot and started abusing us. there and my brother gone to the factory of Sunder Nagar at Kala road, then I came to know that there was a fight with my brother and I reached immediately to the shop near Om School, Kala Road. Where Charu and his six friends were beating his brother with knife and sticks. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----33796 33796 33796 33796----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 19 August 19 August 19 August 19, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL JUSTICE SUMEET GOEL for the petitioner. Mr. Deepak Kumar Grewal, DAG Haryana. Present petition has been filed under Section 483 of the (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.0055 dated 24.01.2025, / 118(2)/ 191(2)/ 191(3)/ 3(5)/ 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (Sections 126(2)/ 109(1) of Palla, District Faridabad. The case set up in the FIR in question (as set out in the present To The SHO, Police Station: Palla, Sir, it is submitted that I, Irfan Raja s/o Akhtar Ansari r/o House No.3, street No.3, Teetu Colony, Part-2, Faridabad. Today on 24.01.2025 at about 4 pm I alongwith my brother near Arif's house then Charu and his three friends who were present in a vacant plot and started abusing us. After that I came from there and my brother gone to the factory of Sunder Nagar at Kala road, then I came to know that there was a fight with my brother and I reached immediately to the shop near Om School, Kala Road. Where Charu and eating his brother with knife and sticks. 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent Present petition has been filed under Section 483 of the (for short ‘BNSS’) for grant of , of the of The case set up in the FIR in question (as set out in the present Raja 2, Faridabad. Today on 24.01.2025 at about 4 pm I alongwith my brother near Arif's house then Charu and his three friends who were After that I came from there and my brother gone to the factory of Sunder Nagar at Kala road, then I came to know that there was a fight with my brother and I reached immediately to the shop near Om School, Kala Road. Where Charu and eating his brother with knife and sticks. MAHAVIR SINGH 2025.08.19 16:52 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----33796 33796 33796 33796---- 3. is in custody since petitioner has been falsely implicated into the FIR in question. counsel has further argued that assuming is taken to be correct attributed to co has further iterated that having clean antecedents. 4. arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certific Court today, which is taken on record. 5. available records of the case. 6. investigation was carried out Total 18 prosecution witnesses have been cited till date. It is time. The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court ----2025 2025 2025 2025 On my reaching there, seeing the crowd gathering all the seven persons fled away from the spot on two motorcycles along with knife and sticks. While leaving the spot they threaten to kill. Please take legal action against Charu and his friends.” Learned counsel for the petitioner has argued that the petitioner is in custody since 26.01.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. nsel has further argued that assuming arguendo taken to be correct, injury which has attracted attributed to co-accused, namely Vishal Singh @ Aryan iterated that the petitioner is a young man aged having clean antecedents. Thus, regular bail is prayed for. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certific , which is taken on record. I have heard counsel for the parties and have gone through the available records of the case. The petitioner was arrested on investigation was carried out and challan was presented on prosecution witnesses have been cited It is thus, indubitable that culmination of the trial will take its own The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court 2222 On my reaching there, seeing the crowd gathering all the seven persons fled away from the spot on two motorcycles along with knife and sticks. While leaving the spot they threaten to kill. Please take legal action Learned counsel for the petitioner has argued that the petitioner . Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned arguendo, the prosecution version injury which has attracted serious penal provision, is Vishal Singh @ Aryan. Learned counsel the petitioner is a young man aged 20 years with Thus, regular bail is prayed for. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 18.08.2025 in the I have heard counsel for the parties and have gone through the The petitioner was arrested on 26.01.2025 whereinafter and challan was presented on 24.04.2025. prosecution witnesses have been cited, but none has been examined indubitable that culmination of the trial will take its own The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court 2222 On my reaching there, seeing the crowd gathering all the seven persons fled away from the spot on two motorcycles along with knife and sticks. While leaving the spot they threaten to kill. Please take legal action Learned counsel for the petitioner has argued that the petitioner . Learned counsel has further argued that the Learned the prosecution version penal provision, is . Learned counsel 20 years with Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State the I have heard counsel for the parties and have gone through the whereinafter . been examined indubitable that culmination of the trial will take its own The rival contention raised at par give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court MAHAVIR SINGH 2025.08.19 16:52 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----33796 33796 33796 33796---- does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejud forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. State counsel, the petitioner has already suffered incarceration for a period of 06 months case/FIR. undertrial is not warranted in the fact 7. ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. addition to conditions that may be imposed by the concerned Magistrate, the petitioner shall remain bound by the following conditions: ----2025 2025 2025 2025 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 custody certificate dated tate counsel, the petitioner has already suffered incarceration for a period 06 months and 23 days, & is not shown to be involved in any other Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. In view of above, the present 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 addition to conditions that may be imposed by the concerned Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis (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 Station and shall not change his cell permission of the CJM/ Duty (vii) The petitioner shall not in any manner try to delay the trial. 3333 does not deem it appropriate to delve deep into these rival contentions, at ice 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 custody certificate dated 18.08.2025 filed by learned tate counsel, the petitioner has already suffered incarceration for a period , & is not shown to be involved in any other Suffice to say, further detention of the petitioner as an s and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to 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: The petitioner shall not mis-use the liberty granted. The petitioner shall not tamper with any evidence, oral or documentary, during the trial. The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on hall deposit his passport, if any, with the The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior CJM/ Duty Magistrate. The petitioner shall not in any manner try to delay the 3333 does not deem it appropriate to delve deep into these rival contentions, at ice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the .2025 filed by learned tate counsel, the petitioner has already suffered incarceration for a period , & is not shown to be involved in any other Suffice to say, further detention of the petitioner as an In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to /Duty Magistrate. However, in /Duty The petitioner shall not tamper with any evidence, oral or The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on hall deposit his passport, if any, with the The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station phone number without prior The petitioner shall not in any manner try to delay the MAHAVIR SINGH 2025.08.19 16:52 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----33796 33796 33796 33796---- 8. which may be imposed by concerned hereinabove or upon showing any other State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. 10. opinion on the merits of the case. 11. application, if any, shall also stands disposed off. August 19 August 19 August 19 August 19, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM hereinabove or upon showing any other State/complainant shall be at liberty to move cancellation of bail of the Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 4444 In case of breach of any of the aforesaid conditions and those 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 Nothing said hereinabove shall be construed as an expression of main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 4444 In case of breach of any of the aforesaid conditions and those Duty Magistrate as directed sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the Nothing said hereinabove shall be construed as an expression of main case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.19 16:52 I attest to the accuracy and authenticity of this order/ judgment