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High Court of Punjab and Haryana · body

2025 DAILYLAW 78368 (PNJ)

RADHEY SHYAM AND ANOTHER v. STATE OF HARYANA

CRM-M/37972/2025 · 2025-07-24

N S Shekhawat

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-37972-2025 -1- 258 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37972-2025 Date of Decision:24.07.2025 Radhey Shyam and another …Petitioners vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Kunal Muthreja, Advocate and Mr. Pulkit Dagar, Advocate for the petitioners. Mr. Dhruv Dayal, Addl. Advocate General, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitiones have filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to them in case FIR No.54 dated 21.04.2025 registered under Sections 191(2), 191(3), 115(2), 118(2), 333, 351(3) of BNS, 2023 (Section 117(2) of BNS added later on), at Police Station BPTP, Faridabad. 2. Learned counsel for the petitioners contends that both the petitioners are father and son, respectively and have been falsely involved in the present case. Even the complainant and the petitioners are neighbours in a village and the altercation had taken place at the spur of the moment. Learned counsel further contends that as per the prosecution version, only general allegations have been levelled against Radhey Shyam, petitioner No.1, whereas, it has been alleged that Tinku had given fists and slaps on the face of Kajal. However, the said injuries are simple in nature. Both the petitioners were arrested in the present case on 22.04.2025 and no recoveries were effected from HEMLATA 2025.07.25 06:10 I attest to the accuracy and integrity of this document CRM-M-37972-2025 -2- them. Even the petitioners were not involved in any other criminal case in past and have been unnecessarily dragged in the present case. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioners on the ground that serious allegations have been levelled against the present petitioners and they do not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record. 5. In the present case, even though five persons had suffered injuries, but all the injured have already been discharged from the hospital. The petitioners are in custody for the last more than 03 months and the challan has been presented against them. 6. At this stage, without commenting on the merits of the case, the present petition is allowed and the petitioners are ordered to be released on bail subject to their furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. (N.S.SHEKHAWAT) 24.07.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.07.25 06:10 I attest to the accuracy and integrity of this document