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2025 DAILYLAW 78841 (PNJ)

RAJESH v. STATE OF HARYANA

CRM-M/37331/2025 · 2025-09-12

Sumeet Goel

body2025

Judgment text

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CRM-M-37331-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 202 CRM-M-37331-2025 Date of decision: 12.09.2025 RAJESH ....PETITIONER V/s STATE OF HARYANA ....RESPONDENT CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Rohit Mittal, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, Haryana. ***** SUMEET GOEL , J. 1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for grant of anticipatory bail to the petitioner in case bearing FIR No.07 dated 16.01.2025, registered for the offences punishable under Sections 121(1), 132, 190, 191(3), 221 (and Section 121(2) and 115 added later on) of BNS, 2023 at Police Station Sadar Narnaul, District Mahendargarh, Haryana. 2. On 17.07.2025, the following order was passed:- “This is a petition for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in case bearing FIR No. 07 dated 16.01.2025 under Sections 121(1), 132, 190, 191(3), 221 (and Section 121(2) and 115 added later on) of BNS, 2023 registered at Police Station Sadar Narnaul, District Mahendargarh, Haryana. The case of the prosecution is that the complainant-Vijaypal who is a Sarpanch was constructing a boundary wall at the village land of Gram Panchayat where he was attacked by the petitioner & his co- ccused. He had received injuries on his head, right hand, back and left hand. Learned counsel for the petitioner contends that no specific allegations have been made against the petitioner, however, injuries stated to be simple in nature have been attributed to him, later on. He further contends that the present FIR has been registered after a JATIN 2025.09.12 14:24 I attest to the accuracy and integrity of this document CRM-M-37331-2025 2 delay of 08 days. He further states that the petitioner is willing and ready to join the investigation. Notice of motion for 12.09.2025. Ms. Ankita Ahuja, AAG, Haryana, accepts notice on behalf of the respondent-State and seeks time to file reply. May do so positively before the next date of hearing with a copy in advance to the learned counsel opposite. In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer as and when called upon to join investigation and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]:- i) that the petitioner shall make himself available for interrogation by a police officer as and when required; ii) that the petitioner 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/her from disclosing such facts to the Court or to any police officer; iii) that the petitioner shall not leave India without the prior 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.” 3. Learned State counsel, on instructions from ASI Ajit, has stated that pursuant to the order dated 17.07.2025, the petitioner has joined investigation and is no longer required for custodial interrogation. 4. In view of above, the present petition is allowed and interim order dated 17.07.2025, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 5. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition JATIN 2025.09.12 14:24 I attest to the accuracy and integrity of this document CRM-M-37331-2025 3 stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 7. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 8. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE 12.09.2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.09.12 14:24 I attest to the accuracy and integrity of this document