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2025 DAILYLAW 75932 (PNJ)

AMAN v. STATE OF HARYANA

CRM-M/36357/2025 · 2025-08-28

Amarjot Bhatti

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Judgment text

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CRM-M-36357-2025 -1- 212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36357-2025 Date of Decision:- 28.08.2025 Aman ...Petitioner Vs. State of Haryana ...Respondent CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Manish Soni, Advocate for the petitioner. Mr. Viney Saini, AAG, Haryana. **** AMARJOT BHATTI, J.(Oral) 1. Petitioner – Aman has filed second petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in FIR No. 42 dated 11.03.2025 (Annexure P-1) under Section 76, 149, 191(3), 324(4), 329(3), 333, 351(3) of Bharatiya Nyaya Sanhita, 2023 (Section 190, 331(5), 304, 115, 49 of BNS, 2023 added later on) registered at Police Station Civil Lines Rohtak, District Rohtak. 2. Facts of the case are, prosecutrix ‘S’ filed written complaint that on the date of occurrence i.e. 11.03.2025, her father and children were present at home. Ramphal, Shyam Sundar, his two daughters namely Jyoti and Aarti, Sheela, Neeta, Anil, Rekha and others wearing mask came to their residence on Swaraj 855 Tractor. They tied the car of her father with LALIT SHARMA 2025.08.29 17:23 I attest to the accuracy and integrity of this document CRM-M-36357-2025 -2- Tractor with intention to take possession of the same. They broke open the gate by hitting the Tractor and came inside by breaking internal gate. They gave beating to her, her father and children. Some of them broke cameras and DVR. They took away her jewellery. They started throwing out their household articles. Police was informed by dialing 112. Even after the arrival of police, accused persons misbehaved with them as well as with police. Shyam Sundar, his daughters and their husbands etc. threatened to kill them. They were armed with sticks and other weapons. Anil and Ramphal alongwith others disrobed her by taking off her lower and outraged her modesty. With these allegations, present case was registered. 3. Learned counsel for petitioner argued that petitioner was arrested on 18.04.2025 and till date he is behind the bars. He has already joined investigation. Allegations levelled against him are false. Infact, Shyam Sundar is real owner of property who has sold the same to Ramphal through sale deed dated 09.01.2025 (Annexure P-2). In order to resolve the matter, Ramphal purchaser and Shyam Sundar seller alongwith relatives and family members had gone to the house for amicable settlement of dispute. Allegations of beating or outraging the modesty of complainant are false. 4. Learned counsel representing State filed status report confirming the facts narrated in FIR. Statement of complainant was recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Annexure R-1). Copy of her MLR is Annexure R-2. Tractor Swaraj 855 alongwith Registration Certificate were taken into police possession vide recovery memo Ex.R-4. Disclosure statement of Aman was also recorded, which is LALIT SHARMA 2025.08.29 17:23 I attest to the accuracy and integrity of this document CRM-M-36357-2025 -3- Annexure R-3. After completion of investigation, challan was presented qua Aman (present petitioner), Sheela, Aarti, Rekha and Parminder. 5. I have considered the aforesaid factual position and have gone through the record carefully. Present petitioner is already facing trial. Facts of the case indicate that issue has arisen on account of property dispute. Present petitioner was arrested on 18.04.2025. Trial in this case may take long time. Petitioner cannot be kept behind bars for indefinite time period. Therefore, without expressing my mind on merits of the case, regular bail petition filed by petitioner – Aman is allowed. He is ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Judge concerned. 6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 28.08.2025 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No LALIT SHARMA 2025.08.29 17:23 I attest to the accuracy and integrity of this document