IN THE HIGH COURT OF PUNJAB & HARYANA 209 SONU STATE OF HARYANA BIMLA DEVI STATE OF HARYANA CORAM: Present: MANJARI NEHRU KAUL, J.(ORAL) 1. occurrence, both of them are being decided vide this common judgment. 2. concession of regular bail in case Sections 147, registered at Police Station City Narwana, District offences arising out of an incident dated 03.02.2023 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (I) Versus HARYANA (II) BIMLA DEVI Versus HARYANA Date of decision: September 22, 2025 HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. S.K. Verma, Advocate for the petitioner (in CRM-M-51008 Mr. Rao Ajender Singh, Advocate for the petitioner (in CRM-M-6638 Mr. G.S. Chhina, Sr. DAG, Haryana MANJARI NEHRU KAUL, J.(ORAL) As the instant petitions arise out of the same FIR , both of them are being decided vide this common judgment. The petitioners, Sonu and Bimla Devi, are seeking the concession of regular bail in case FIR No.40 dated 04.02.2023 under 147, 148, 149, 323, 452, 506, 302 registered at Police Station City Narwana, District offences arising out of an incident dated 03.02.2023 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-51008-2024 .....Petitioner .....Respondent CRM-M-6638-2025 .....Petitioner .....Respondent September 22, 2025 HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL 51008-2024). Advocate 6638-2025). Mr. G.S. Chhina, Sr. DAG, Haryana. As the instant petitions arise out of the same FIR and , both of them are being decided vide this common judgment. The petitioners, Sonu and Bimla Devi, are seeking the FIR No.40 dated 04.02.2023 under 302 of Indian Penal Code, 1860, registered at Police Station City Narwana, District Jind (Annexure P-1), for offences arising out of an incident dated 03.02.2023, wherein the Petitioner .....Respondent Petitioner .....Respondent and The petitioners, Sonu and Bimla Devi, are seeking the FIR No.40 dated 04.02.2023 under , 1), for Jaspreet Kaur 2025.09.23 12:10 I attest to the accuracy and integrity of this document Chandigarh CRM-M-51008 complainant party was allegedly attacked by an unlawful assembly, resulting in the death of one Mishro Devi. 3. PETITIONER SONU     51008-2024 and CRM-M-6638-2025 complainant party was allegedly attacked by an unlawful assembly, resulting the death of one Mishro Devi. Learned counsel for the petitioners PETITIONER SONU His name does not figure in the FIR (Annexure P assailant identified therein by both the complainant Barkha (PW1) and the injured-Raju (PW2), was described as “ Mamu”, whereas the present petitioner is “ Singh”. It is urged that the petitioner is a that his implication rests solely upon a disclosure statement made by a co-accused, which has weak evidentiary valu Even in their subsequent depositions before the learned trial Court, both the material witnesses i.e. complainant Barkha and injured Raju maintained their stand that it was “ Mamu”, who was involved, thereby exonerating the petitioner. The only alleged evidence against him is the recovery of a hockey stick pursuant to a disclosure statement. Such recovery, it is argued, is insufficient to warrant his further incarceration, especially when no fatal blow has been attributed to him. 2025 -2- complainant party was allegedly attacked by an unlawful assembly, resulting Learned counsel for the petitioners have contended as follows: - does not figure in the FIR (Annexure P-1). The assailant identified therein by both the complainant Barkha Raju (PW2), was described as “Sonu s/o ”, whereas the present petitioner is “Sonu s/o Karambir he petitioner is a victim of mistaken identity and that his implication rests solely upon a disclosure statement accused, which has weak evidentiary value. Even in their subsequent depositions before the learned trial both the material witnesses i.e. complainant Barkha and injured Raju maintained their stand that it was “Sonu s/o ”, who was involved, thereby exonerating the petitioner. alleged evidence against him is the recovery of a hockey stick pursuant to a disclosure statement. Such recovery, is insufficient to warrant his further incarceration, especially when no fatal blow has been attributed to him. complainant party was allegedly attacked by an unlawful assembly, resulting . The assailant identified therein by both the complainant Barkha s/o Sonu s/o Karambir victim of mistaken identity and that his implication rests solely upon a disclosure statement Even in their subsequent depositions before the learned trial both the material witnesses i.e. complainant Barkha and Sonu s/o alleged evidence against him is the recovery of a hockey stick pursuant to a disclosure statement. Such recovery, is insufficient to warrant his further incarceration, Jaspreet Kaur 2025.09.23 12:10 I attest to the accuracy and integrity of this document Chandigarh CRM-M-51008 PETITIONER      4. custody since 31.03.2024 (petitioner Sonu) and 12.06.2024 (petitioner Bimla Devi). Not only have the charges been framed witnesses, 8 witnesses stands examined includin witnesses i.e. complainant Barkha and injured Raju. witnesses still remain to be examined slow pace, there is no likelihood of the trial concluding in the near future. In 51008-2024 and CRM-M-6638-2025 PETITIONER BIMLA DEVI It is submitted that no specific or grievous injury has been attributed to her either in the FIR or in the medical evidence. The allegation against her is limited to during the melee. The medical evidence reveals only three simple injuries on PW2 Raju caused by a blunt weapon, whereas the fatal blow to the deceased Mishro Devi was from a attributed to this petitioner. Her implication, it is contended is omnibus unsupported by medical corroboration, and evidently an afterthought. It is further argued that similarly situated co Ravinder @ Gullu, Baba @ Rahul and Sethi @ Sourabh have already been granted bail by this Court It has also been submitted that custody since 31.03.2024 (petitioner Sonu) and 12.06.2024 (petitioner Bimla Devi). Not only have the charges been framed , 8 witnesses stands examined includin witnesses i.e. complainant Barkha and injured Raju. still remain to be examined, and since the trial is proceeding at a slow pace, there is no likelihood of the trial concluding in the near future. In 2025 -3- It is submitted that no specific or grievous injury has been attributed to her either in the FIR or in the medical evidence. The allegation against her is limited to slaps and fist blows The medical evidence reveals only three simple injuries on PW2 Raju caused by a blunt weapon, whereas the fatal blow to the deceased Mishro Devi was from a gandasi on the head, not Her implication, it is contended is omnibus in nature, unsupported by medical corroboration, and evidently an is further argued that similarly situated co-accused namely , Baba @ Rahul and Sethi @ Sourabh have already been granted bail by this Court (Annexure P-5). It has also been submitted that the petitioners have been in custody since 31.03.2024 (petitioner Sonu) and 12.06.2024 (petitioner Bimla Devi). Not only have the charges been framed; out of 21 prosecution , 8 witnesses stands examined including the two most material witnesses i.e. complainant Barkha and injured Raju. 13 prosecution and since the trial is proceeding at a slow pace, there is no likelihood of the trial concluding in the near future. In It is submitted that no specific or grievous injury has been slaps and fist blows The medical evidence reveals only three simple injuries on PW2 Raju caused by a blunt weapon, whereas the fatal blow to on the head, not in nature, unsupported by medical corroboration, and evidently an accused namely , Baba @ Rahul and Sethi @ Sourabh have the petitioners have been in custody since 31.03.2024 (petitioner Sonu) and 12.06.2024 (petitioner Bimla prosecution g the two most material prosecution and since the trial is proceeding at a Jaspreet Kaur 2025.09.23 12:10 I attest to the accuracy and integrity of this document Chandigarh CRM-M-51008 such circumstances, it is urged that would serve no useful purpose antecedents, and there can be no apprehension of both of them tampering with evidence or influencing any of the witnesses. 5. and submissions made by the counsel opposite, contended that assembly, which attacked the complainant party inside their own house. Petitioner Sonu was armed with a hockey stick and his disclosure statement led to the recovery of the very weapon used in the as been submitted that petitioner Bimla Devi admitted in her disclosure statement to have entered the house of the complainant and inflicted fist blows. Learned State counsel has, therefore, asserted that coupled with that of the other accused, culminated in the death of Mishro Devi. 6. disputed that granted bail; the trial has commenced and 13 to be examined. The material witnesses have already been examined. also not been disputed by the learned State counsel, on instructions, that petitioners have no criminal antecedents. 51008-2024 and CRM-M-6638-2025 such circumstances, it is urged that further incarceration of the petitioners would serve no useful purpose, moreso when they have no previous criminal antecedents, and there can be no apprehension of both of them tampering dence or influencing any of the witnesses. Per contra, learned State counsel, while opposing the prayer and submissions made by the counsel opposite, contended that the petitioners were active participants of the unlawful assembly, which attacked the complainant party inside their own house. Petitioner Sonu was armed with a hockey stick and his disclosure statement led to the recovery of the very weapon used in the as been submitted that petitioner Bimla Devi admitted in her disclosure to have entered the house of the complainant and inflicted fist blows. Learned State counsel has, therefore, asserted that th that of the other accused, culminated in the death of Mishro However, learned State counsel, on instructions, disputed that several co-accused with comparable roles have already been granted bail; the trial has commenced and 13 to be examined. The material witnesses have already been examined. also not been disputed by the learned State counsel, on instructions, that petitioners have no criminal antecedents. 2025 -4- further incarceration of the petitioners , moreso when they have no previous criminal antecedents, and there can be no apprehension of both of them tampering dence or influencing any of the witnesses. , learned State counsel, while opposing the prayer and submissions made by the counsel opposite, on instructions, has the petitioners were active participants of the unlawful assembly, which attacked the complainant party inside their own house. Petitioner Sonu was armed with a hockey stick and his disclosure statement led to the recovery of the very weapon used in the assault. Further, it has been submitted that petitioner Bimla Devi admitted in her disclosure to have entered the house of the complainant and inflicted fist blows. Learned State counsel has, therefore, asserted that their participation, th that of the other accused, culminated in the death of Mishro However, learned State counsel, on instructions, has fairly not accused with comparable roles have already been granted bail; the trial has commenced and 13 prosecution witnesses remain to be examined. The material witnesses have already been examined. It has also not been disputed by the learned State counsel, on instructions, that the further incarceration of the petitioners , moreso when they have no previous criminal antecedents, and there can be no apprehension of both of them tampering , learned State counsel, while opposing the prayer has the petitioners were active participants of the unlawful assembly, which attacked the complainant party inside their own house. Petitioner Sonu was armed with a hockey stick and his disclosure statement sault. Further, it has been submitted that petitioner Bimla Devi admitted in her disclosure to have entered the house of the complainant and inflicted fist their participation, th that of the other accused, culminated in the death of Mishro has fairly not accused with comparable roles have already been remain It has the Jaspreet Kaur 2025.09.23 12:10 I attest to the accuracy and integrity of this document Chandigarh CRM-M-51008 7. relevant material placed on record. 8. Rahul and Sethi @ Sourabh, who are alleged to have played an active role in the occurrence, ha role attributed to the present petitioners is distinct and of a lesser degree. Petitioner Sonu is alleged to have wielded a hockey stick, and petitioner Bimla Devi is alleged to have given slaps and f the deceased Mishro Devi is not attributed to either of them. 9. custody i.e. since 31.03.2024 and 12.06.2024 respectively. The trial is unlikely to conclude in near future, with 13 witnesses still remaining to be examined. 10. principles of parity, the lesser roles attributed to the petitioners, the absence of fatal injury being ascribed to them, and the delay likely in the conclusion of the trial, this Court deems it fit to admit the 11. petitioners be admitted to bail on satisfaction of the Trial 51008-2024 and CRM-M-6638-2025 I have heard learned counsel for the parties and perused the relevant material placed on record. It is not in dispute that co-accused Rahul and Sethi @ Sourabh, who are alleged to have played an active role in the occurrence, have already been granted regular bail by this Court. The role attributed to the present petitioners is distinct and of a lesser degree. Petitioner Sonu is alleged to have wielded a hockey stick, and petitioner Bimla Devi is alleged to have given slaps and f the deceased Mishro Devi is not attributed to either of them. The petitioners have already undergone substantial periods of custody i.e. since 31.03.2024 and 12.06.2024 respectively. The trial is unlikely to conclude in near future, with 13 witnesses still remaining to be In the light of above circumstances, and keeping in view the principles of parity, the lesser roles attributed to the petitioners, the absence of fatal injury being ascribed to them, and the delay likely in the conclusion this Court deems it fit to admit the Accordingly, the instant petition be admitted to bail on their furnishing bail/surety of the Trial Court/Duty Magistrate concerned. 2025 -5- have heard learned counsel for the parties and perused the accused Ravinder @ Gullu, Baba @ Rahul and Sethi @ Sourabh, who are alleged to have played an active role in ve already been granted regular bail by this Court. The role attributed to the present petitioners is distinct and of a lesser degree. Petitioner Sonu is alleged to have wielded a hockey stick, and petitioner Bimla Devi is alleged to have given slaps and fist blows. The fatal injury to the deceased Mishro Devi is not attributed to either of them. The petitioners have already undergone substantial periods of custody i.e. since 31.03.2024 and 12.06.2024 respectively. The trial is unlikely to conclude in near future, with 13 witnesses still remaining to be tances, and keeping in view the principles of parity, the lesser roles attributed to the petitioners, the absence of fatal injury being ascribed to them, and the delay likely in the conclusion this Court deems it fit to admit them to bail. Accordingly, the instant petitions are allowed, and the furnishing bail/surety bonds to the Magistrate concerned. have heard learned counsel for the parties and perused the Ravinder @ Gullu, Baba @ Rahul and Sethi @ Sourabh, who are alleged to have played an active role in ve already been granted regular bail by this Court. The role attributed to the present petitioners is distinct and of a lesser degree. Petitioner Sonu is alleged to have wielded a hockey stick, and petitioner ist blows. The fatal injury to The petitioners have already undergone substantial periods of custody i.e. since 31.03.2024 and 12.06.2024 respectively. The trial is unlikely to conclude in near future, with 13 witnesses still remaining to be tances, and keeping in view the principles of parity, the lesser roles attributed to the petitioners, the absence of fatal injury being ascribed to them, and the delay likely in the conclusion and the the Jaspreet Kaur 2025.09.23 12:10 I attest to the accuracy and integrity of this document Chandigarh CRM-M-51008 12. shall not be construed to be an expression of op case. 13. the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to 14. September 22 Jaspreet Kaur 51008-2024 and CRM-M-6638-2025 However, it is made clear that anything observed hereinabove shall not be construed to be an expression of op Needless to add here, in case the petitioner the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to them. Copy of this order be placed on the file of the connected case. September 22, 2025 Whether speaking/reasoned Whether reportable 2025 -6- However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the Needless to add here, in case the petitioners are found misusing the concession of bail, the State would be at liberty to approach this Court to Copy of this order be placed on the file of the connected case. (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No However, it is made clear that anything observed hereinabove inion on the merits of the found misusing the concession of bail, the State would be at liberty to approach this Court to Jaspreet Kaur 2025.09.23 12:10 I attest to the accuracy and integrity of this document Chandigarh