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2025 DAILYLAW 95754 (PNJ)

RAJ KUMAR ALIAS BABLU v. STATE OF HARYANA

CRM-M/47954/2025 · 2025-09-03

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 256 CRM-34333-2025 in/and CRM-M No.47954 of 2025 Date of Decision: 03.09.2025 Raj Kumar @ Bablu ... Petitioner Versus State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Navmohit Singh, Advocate, for the applicant-petitioner. Ms. Himani Arora, DAG, Haryana, for the respondent-State. Mr. Smit Kamboj, Advocate, for the complainant. *** MANISHA BATRA , J. (Oral) CRM-34333-2025 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 171 09.04.2025 Hisar City, District Hisar 115, 126, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) (110 of BNS added later on) MANJU 2025.09.04 10:59 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-34333-2025 in/and CRM-M No.47954 of 2025 -2- 2. As per the allegations, on 06.04.2025, the complainant Rohit had gone to attend birthday party of one Akash at a Cafe. The petitioner along with his friends had also joined that party. A verbal altercation had taken place between him and the petitioner. The petitioner and his companions started assaulting him. He had tried to leave that place but they did not let him go. It was only on intervention of Akash and some other persons that the petitioner and his friends left him. Subsequently, the complainant had called the petitioner who told him to come at his house but on reaching there, he along with the co-accused extended beatings to him, threw a brick over his head and then fled away while extending threats of life. On his complaint, the aforementioned FIR was registered. Investigation proceedings were initiated. The petitioner was arrested and is in custody since 28.04.2025. Investigation now stands completed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 28.04.2025. Investigation stands completed. Challan has been presented. No recovery is to be effected from him. Trial will take considerable time to conclude. His further incarceration will not serve any useful purpose. There is delay of three days in lodging of the FIR. A compromise has even otherwise been effected between the complainant and himself and the former has sworn affidavit Annexure P-3 in his favour. It is, therefore, argued that the petition deserves to be allowed. 4. Notice of motion. MANJU 2025.09.04 10:59 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-34333-2025 in/and CRM-M No.47954 of 2025 -3- 5. Learned Deputy Advocate General, Haryana has advance notice of the petition and is ready to argue the matter. At this stage, Power of Attorney on behalf of the complainant has been filed. It is submitted by learned counsel for the complainant that he has no objection if the petition is allowed. However, learned Deputy Advocate General, Haryana while controverting the submissions as made by the petitioner, has argued that there are serious allegations against him and it is urged that keeping in view the gravity of the offence as alleged to be committed by the petitioner, he does not deserve to be extended benefit of bail. 6. This Court has considered the rival submissions. 7. The petitioner along with the co-accused is alleged to have assaulted the victim and to have caused injuries on his person. Though an affidavit shown to be sworn by the complainant has been placed on record to show that a compromise has been effected between them, however, no relevance can be given to this affidavit at this stage. At the same time, it is considered that the petitioner is in custody since 28.04.2025. The trial will take considerable time to conclude. No specific injury has been attributed to the petitioner. No useful purpose would be served by keeping the petitioner in custody any more. In view of the above discussed facts and circumstances but without meaning to make any comment on the merits of the case, this Court is of the considered opinion that the petition deserves to be allowed. Accordingly, the same is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of MANJU 2025.09.04 10:59 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-34333-2025 in/and CRM-M No.47954 of 2025 -4- learned trial Court/CJM/Duty Magistrate concerned. (MANISHA BATRA) 03.09.2025 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2025.09.04 10:59 I attest to the accuracy and authenticity of this order /judgment Chandigarh