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2026 DAILYLAW 27950 (PNJ)

YOGESH v. STATE OF HARYANA

CRM-M/36582/2026 · 2026-07-09

Vikram Aggarwal

Public Interest Litigationbody2026

Judgment text

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105 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.36582 of 2026 Date of Decision:-09.07.2026 Yogesh …..Petitioner. Versus State of Haryana .....Respondent. CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL ***** Present:- Mr. Baljeet Beniwal, Advocate for the petitioner. Mr. Amit Sahni, Addl. A.G, Haryana. VIKRAM AGGARWAL, J. (ORAL) Prayer in the present petition preferred by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the ‘BNSS’) is for the grant of anticipatory bail in case FIR No.173 dated 11.05.2026 registered under Sections 110, 115, 117(2), 126, 3(5), 351(2) and 61(2) o the Bharatiya Nyaya Sanhita, 2023, at Police Station Gadpuri, District Palwal. 2. On the statement of one Vipin Kumar Sharma, the FIR in question was registered, the translated version of which reads as under:- “On 08.05.2026, at approximately 6:05 PM, I left my company to go home. At approximately 6:15 PM, when I reached the Prithla flyover, two young men on a black- coloured motorcycle came alongside my TVS scooter, registration HR-87T-4965. The pillion rider was holding two YAG DUTT 2026.07.10 14:38 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.36582 of 2026 -2- sticks and the other was driving the motorcycle. They came alongside my scooter and started verbally abusing me, then blocked my scooter by placing their motorcycle in front of it, stopped me, and attacked me with sticks. I fell on the road. Even after I fell, they continued to beat me with sticks, which resulted in a fracture in my left knee and right big toe, and I sustained injuries all over my body. Hearing my shouts, a crowd began to gather, seeing which the accused fled the scene. While leaving, they said, ‘You have been saved today, we will kill you someday.’ I request that appropriate action be taken against the unknown accused. The statement has been written, read over to me, and is correct. Sd/- VIPIN KUMAR SHARMA” 3. During the course of investigation, a CCTV footage was seen by the investigating agency in which the petitioner was seen giving his motorcycle to the assailants few minutes before the incident, as a result of which, he was arraigned as an accused. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that he was not present at the spot and even if the case of the investigating agency is taken to be correct, he only delivered the motorcycle to two persons, which does not, in any circumstance, mean that he was a part of the conspiracy or that he had supplied the motorcycle for committing the offence. He submits that the petitioner has clean antecedents and is willing to join investigation and abide by any condition imposed by this Court. 5. Learned State counsel, on the other hand, on instructions from Head Constable Rajpal, Police Station Gadpuri, District Palwal, submits YAG DUTT 2026.07.10 14:38 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.36582 of 2026 -3- that the CCTV footage specifically shows the petitioner delivering his motorcycle to the assailants two minutes before the incident. He submits that the main accused are also on the run and have not been arrested till now. He submits that the complainant suffered multiple fractures on account of the attack on him by the two accused. 6. I have considered the submissions made by learned counsel for the parties and do not find present case to be the one where the concessions of anticipatory bail should be extended. Two persons waylaid the complainant on 08.05.2026 at about 06.15 p.m., verbally abused him, blocked his way and attacked him with sticks. Even when he fell on the road, they continued to beat him with sticks resulting in his suffering multiple fractures. Even while leaving, they exhorted that he would be killed some day. The two persons, who are stated to have carried out the attack, are on the run. During the course of investigation, a CCTV footage emerged in which the petitioner is seen delivering his motorcycle to the two assailants few minutes before the incident. Under the circumstances, custodial interrogation of the petitioner would be imperative to elicit the truth. 7. That being so, the petition is found to be devoid of merit and is accordingly dismissed. (VIKRAM AGGARWAL) July 09, 2026 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No YAG DUTT 2026.07.10 14:38 I attest to the accuracy and authenticity of this order/judgment.