IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 242 CRM-M No.39658 of 2025 (O&M) Date of Decision: 06.08.2025 Navdeep ... Petitioner Versus State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Satyawan Singh Nain, Advocate, for the petitioner. Ms. Himani Arora, DAG, Haryana, for the respondent-State. *** MANISHA BATRA , J. (Oral) CRM-28473-2025 The application is allowed, as prayed for subject to just exceptions. Main Case 1. The present petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking regular bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 91 17.04.2025 City Jhajjar, District Jhajjar 109(1), 115(2), 117(2), 140(1), 190, 191(3) and 61 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) 2. As per the allegations, on 17.04.2025, the complainant along MANJU 2025.08.07 16:47 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.39658 of 2025 (O&M) -2- with his friends namely, Kartik had reached at Bhagat Singh Chowk while riding bike. They were intercepted by the accused Arjun, Sahil, Ankush and Nitin who came in a Scorpio vehicle and hit their motorbike from back side with their vehicle. Kartik who was pillion rider of motorbike of the complainant had fallen down. The complainant tried to save himself and rushed towards the stadium side on his motorbike but the occupants of Scorpio vehicle followed him and again hit his vehicle from the back side. His bike had fallen down. Thereafter, the assailants alighted from their vehicle and after abducting him and making him sit in their vehicle, they took him in abandoned house. They called some other accomplices and all of them extended beatings to him with lathis and dandas. While considering him to be dead, they kept him in the Scorpio vehicle and had fled on the way on hearing sounds of a police siren. He had been taken to hospital by the police officials for treatment. On the basis of his statement, the aforementioned FIR was registered. Investigation proceedings were initiated. During investigation, the accused Ankush was arrested. He suffered disclosure statement on the basis of which the present petitioner was nominated as an accused and was arrested on 19.04.2025. The investigation now stands completed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of co-accused. He was not named in the FIR. The only allegation against him is that he had helped the complainant who was unconscious, to sit in a Scorpio vehicle and had dropped him at home. He was not part of any conspiracy or MANJU 2025.08.07 16:47 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.39658 of 2025 (O&M) -3- abetment or assault. No specific overt act has been attributed to him. He is in custody since 19.04.2025. Trial will take considerable time. No purpose would be served by keeping him in custody any more. It is, therefore, urged that he deserves to be released on bail. 4. Notice of motion. 5. Ms. Himani Arora, DAG, Haryana has advance notice of the petition. She has filed custody certificate of the petitioner and has argued that keeping in view the gravity of the allegations, the petitioner does not deserve to be extended benefit of bail. 6. This Court has considered the rival submissions. 7. The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common object of that assembly, is alleged to have voluntarily caused simple as well as grievous injuries to the complainant. The complainant had also sustained serious injuries. The challan has been presented in this case. The allegations in the FIR do not show that any specific overt act had been attributed to the petitioner. From these allegations, it is not prima facie made out that the petitioner had committed any act which amounted to making an attempt to cause death of the victim or he was one of the abductors. The petitioner has clean antecedents. Taking into consideration the period of incarceration of the petitioner, the fact that the trial will take time to conclude, his antecedents and the above discussed facts but without meaning to make any comment on the merits thereof, this Court is of the opinion that the petitioner deserves to be released on bail. Accordingly, the petition is allowed and the MANJU 2025.08.07 16:47 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.39658 of 2025 (O&M) -4- petitioner is ordered to be admitted to bail subject to his furnishing personal as well as surety bonds to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned. (MANISHA BATRA) 06.08.2025 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2025.08.07 16:47 I attest to the accuracy and authenticity of this order /judgment Chandigarh