CRM CRM CRM CRM----M M M M----44744 44744 44744 44744 117+234 117+234 117+234 117+234 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 Baban Yadav State of Haryana CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) regular bail to the petitioner in case bearing FIR No registered for the off Code, 1860 (for short ‘IPC’) 2. complainant, namely, police, stated namely, Joginder, time, a scuffle took place between his uncle (petitioner herein) 44744 44744 44744 44744----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: Baban Yadav versus Haryana HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. S.K. Tripathi, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present second petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) regular bail to the petitioner in case bearing FIR No registered for the offences punishable under Section Code, 1860 (for short ‘IPC’), at Police Station The gravamen of the allegations against the petitioner , namely, Rakesh Kumar, in his statement recorded with the , stated that, on 17.05.2010 at about 9:00/9:30 P.M. namely, Joginder, had brought a VCR on rent time, a scuffle took place between his uncle (petitioner herein) over the issue of playing the film in the VCR. Thereafter, 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----44744 44744 44744 44744----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: September 11 September 11 September 11 September 11, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Mr. Gurmeet Singh, AAG Haryana. 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 bearing FIR No.326 dated 20.05.2010, ences punishable under Section 302 of the Indian Penal at Police Station City Sirsa, District Sirsa. of the allegations against the petitioner is that his statement recorded with the 17.05.2010 at about 9:00/9:30 P.M., he and his uncle, VCR on rent to watch a movie. During this time, a scuffle took place between his uncle Joginder and Babban Yadav over the issue of playing the film in the VCR. Thereafter, 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent of the for grant of , 302 of the Indian Penal is that his statement recorded with the he and his uncle, to watch a movie. During this Babban Yadav over the issue of playing the film in the VCR. Thereafter, MAHAVIR SINGH 2025.09.11 17:51 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----44744 44744 44744 44744----2025 2025 2025 2025 he and his uncle went inside the room, whereas the petitioner left the place. At about 12:00 midnight, the petitioner returned to the room armed with an awl (ice-pick type instrument). He gave a blow with the awl to his uncle Joginder, declaring that he would teach him a lesson for not allowing him to watch the film. He again struck a blow with the awl on the left side of Joginder’s temple, and left the awl embedded in the injury before fleeing from the spot by scaling the wall. 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 10.06.2023. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that material witnesses have turned hostile. Learned counsel has further argued that the FSL report in question does not reflect human blood and thus, the petitioner is not likely to be convicted during trial. Thus, regular bail is prayed for. 4. Per contra, learned State counsel has opposed the grant of regular bail to the petitioner. He has submitted that out of total 21 cited prosecution witnesses, 18 already stands examined. He has further iterated that requisite efforts are being made by the prosecution to examine the remaining witnesses as well. Learned State counsel has further argued that the petitioner remained proclaimed offender for a period of 13 years in the FIR in question. 5. Having heard learned counsel for the parties and upon perusal of the record; especially keeping in view the factum of the case in hand involving capital offence, 18 prosecution witnesses out of total 21 have MAHAVIR SINGH 2025.09.11 17:51 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----44744 44744 44744 44744----2025 2025 2025 2025 already been examined, the state showing their efforts to have the testimony(s) of the remaining 03 witnesses recorded, and further keeping in view the conduct of the petitioner who remained a proclaimed offender for an extended period of 13 years, this Court is not inclined to grant concession of regular bail to the petitioner. 6. Petition stands dismissed, accordingly. 7. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 8. Pending application(s), if any, shall also stand disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE September 11 September 11 September 11 September 11, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.09.11 17:51 I attest to the accuracy and authenticity of this order/ judgment