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2025 DAILYLAW 97306 (PNJ)

ANKUSH v. STATE OF HARYANA

CRM-M/48885/2025 · 2025-09-10

Manisha Batra

body2025

Judgment text

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CRM-M-48885-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 312 CRM-M-48885-2025 (O&M) Date of decision: 10.09.2025 Ankush ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Satyawan Singh Nain, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana. MANISHA BATRA, J. (Oral) 1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 91 dated 17.04.2025, registered under Sections 109(1), 115(2), 117(2), 140(1), 190, 191(3) and 61 of BNS, 2023 at Police Station City Jhajjar, District Jhajjar. 2. Adumbrated facts as emanating from the record are that previously, an altercation had taken place between the complainant Gaurav, his cousin brother Pawan, wherein Harish, Vikas and Naveen, who were hailing from the village of the complainant himself, had assaulted Pawan and caused injuries to him. On 15.04.2025, the complainant and his companions had assaulted Amit, who was friend of above named Harish etc. The complainant recorded that on 17.04.2025, he along with his friend Kartik had reached at Bhagat Singh Chowk on the bike of his friend Vikram, when the petitioner along with co-accused reached there in a Scorpio vehicle. His motorbike was hit with Scorpio vehicle, due to which, his friend MOHAMMAD WASEEM ANSARI 2025.09.11 16:24 I attest to the accuracy and integrity of this document CRM-M-48885-2025 (O&M) -2- Kartik and himself had fallen down but the complainant still tried to flee on his motorbike and reached towards the stadium. The assailants followed him in their vehicle and again hit his motorbike. They alighted from their vehicle, forcibly pulled him inside their vehicle and took him to some abandoned house, wherein he was extended beatings with lathis and dandas. While considering him to be dead, they kept him in their vehicle with intent to throw him somewhere. However, on hearing siren of the police vehicle, they fled. He was taken to hospital and was given treatment. After recording of his statement, the aforementioned FIR was registered. Investigation proceedings were initiated. The petitioner was arrested and is in custody since 18.04.2025. Investigation now stands completed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. False and frivolous allegations have been levelled against him. No specific act has been attributed to him. In fact, he had found the complainant in an unconscious condition, helped him in sitting in Scorpio vehicle and had dropped him at his house. He had not abducted the victim. He is in custody since long. Co-accused Navdeep has been granted concession of bail by this Court. On parity, he too deserves the same benefit. Therefore, it is urged that the petition deserves to be allowed. 4. Notice of motion. 5. Learned State counsel has advance notice of the petition and is ready to argue the matter. He has filed the custody certificate of the petitioner and has argued that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged that the petition is liable to be dismissed. MOHAMMAD WASEEM ANSARI 2025.09.11 16:24 I attest to the accuracy and integrity of this document CRM-M-48885-2025 (O&M) -3- 6. I have heard learned counsel for the parties at considerable length and have gone through the record. 7. The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common object thereof, is alleged to have voluntarily caused simple as well as grievous injuries to the complainant. Injury No. 11, which was opined to be grievous in nature, has been specifically attributed to him. He is, however, in custody since 18.04.2025. Above named co-accused has already been granted concession of regular bail. Pendency of other cases against the petitioner cannot be made a reason to deny him the benefit of bail. Investigation has since been completed. Challan has been filed. Conclusion of trial would take considerable time. Keeping in view the aforesaid facts, I am of the considered opinion that no useful purpose would be served by keeping him in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal bonds and surety bonds by two sureties to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found involved in any other subsequent case. 8. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 10.09.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.09.11 16:24 I attest to the accuracy and integrity of this document