CRM-M No.33981 of 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 150 ***** CRM-M No.33981 of 2026 Date of decision : 16.7.2026 Date of uploading : 16.7.2026 Goldy ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Manvir Singh Kamboj, Advocate, for the petitioner Mr. Adhiraj Singh Thind, AAG Punjab --- SUMEET GOEL, J. (ORAL) 1. Present 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 FIR No.159 dated 11.10.2025 under Sections 109, 126(2), 115(2), 191(3), 190, 351(2) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Anaj Mandi, Patiala. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘At present, it is recorded that a statement has been made by Baljinder Singh son of Maan Singh, resident of Village Daulatpur, Tehsil and District Patiala, aged 40 years, mobile No. 79863-56424, before ASI Malkiat Singh No. 470/GRP, Mamura Police Station Anaj Mandi, Patiala, for registration of a case against Sandeep Kumar, Pradeep Kumar, Goldy, sons of Ram Tirath, Rani, wife of Ram Tirath, residents of Village Daulatpur, Sunny son of Bahadar, Sunil son of Shankar Nath, residents of ASHWANI KUMAR 2026.07.16 18:03 I attest to the accuracy and integrity of this document CRM-M No.33981 of 2026 -2- Village Daulatpur, and Ansh, Vivek, sons of Asha Ram, resident of Village Mehmudpur, District Patiala, and 8-10 other unknown persons, under Sections 109, 126(2), 115(2), 191(3), 190, 351(2) BNS, etc., for registration at Police Station Anaj Mandi, Patiala. The contents of the statement are as follows: "I am a resident of the above-mentioned address and I do photography work at Rajpura. In front of our house, at some distance, we have some vacant land in which a 'deik' (tree) was standing. About 3-4 days ago, our neighbours Sandeep Kumar son of Ram Tirath and his mother Rani wife of Ram Tirath without informing or asking us, cut down the tree. Yesterday, on 10.10.2025, in the evening, I along with Major Singh son of Dhara Singh, Mehakpreet Singh son of Major Singh, and Sukhwant Singh, went to Village Mehmudpur Arayan to show them the stump of the cut tree. When they came to know about this, they started arguing with us without any reason and called their other relatives and associates to the spot, who started abusing us. When we were returning towards our homes, at about 8:00 PM, as we reached in front of Ram Tirath's house, they blocked our way and started hurling abuses. They also called more boys to the spot, namely Ansh, Vivek sons of Asha Ram, Sunil son of Shankar Nath, ard Sunny son of Bahadar, residents of Daulatpur, who were armed with sticks, swords, and an axe. While we were standing there, Goldy, son of Ram Tirath, threw a brick from the roof towards us, which hit Mehakpreet Singh on the head. Then Sandeep Kumar and Pradeep Kumar caught hold of Sukhwant Singh, and Pradeep Kumar struck him on the head with the axe he was holding. Thereafter, Sandeep Kumar hit Sukhwant Singh on the head with a sword, due to which he fell down. Even after that, they continued beating him. When he raised his hands to save his head, a blow by Sandeep hit his left hand. After this, a boy named Ansh, who was holding an iron rod with a bicycle gear welded at one end, hit Mehakpreet Singh forcefully on the head with the intention to kill him, due to which he became unconscious and fell down. When I and Major Singh, who was with me, tried to rescue them and lift the injured persons, Sunil and Sunny raised shouts saying that they should not be allowed to escape alive. Sunil hit Major Singh on the head with the stick he was holding. Then Pradeep attempted to strike me on the head with the axe with an intention to kill, the blow landed on the left side of my head, and due to severe injury I fell down. All the above-named persons continued beating all of us with sticks, swords, and other weapons even ASHWANI KUMAR 2026.07.16 18:03 I attest to the accuracy and integrity of this document CRM-M No.33981 of 2026 -3- when we had fallen down. On our raising cries of 'save-save', they fled from the spot, while leaving they kept threatening us with death. As I sustained serious injuries, Satwant Singh and other family members admitted me for treatment at Rajindra Hospital, Patiala, where I am currently admitted under treatment. Therefore, legal action be taken against Sandeep Kumar, Pradeep Kumar, Goldy, sons of Ram Tirath, Rani, wife of Ram Tirath, Sunny son of Bahadar, Sunil son of Shankar Nath, residents of Village Daulatpur, Ansh and Vivek, sons of Asha Ram, resident of Village Mehmudpur, District Patiala, and 8-10 other unknown persons. Today, in the presence of Sukhwant Singh son of Tasveer Singh and Major Singh son of Dhara Singh, I have recorded this statement at Rajindra Hospital, Patiala. It has been read over to me and found correct." Sd/- Baljinder Singh. Attested statement Sd/- Sukhwant Singh. LTI/- Major Singh. Verified correct Sd/- Malkiat Singh, ASI/470/GRP, Police Station Anaj Mandi, District Patiala.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 25.10.2025. Learned counsel has further submitted that the FIR in question is a matter of version/cross-version. Learned counsel has further submitted that no injury has been found to be threatening to life and the police have wrongly invoked Section 109 of BNS (erstwhile Section 307 of IPC). Learned counsel has urged that the injured, in any case, has been discharged after receiving requisite medical treatment. Learned counsel has further urged that the petitioner is a man aged 21/24 years with clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 15.7.2026 in Court, which is taken on record. ASHWANI KUMAR 2026.07.16 18:03 I attest to the accuracy and integrity of this document CRM-M No.33981 of 2026 -4- 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 25.10.2025 wherein after investigation was carried out; challan was prepared on 19.1.2026 and subsequently filed. Total 23 prosecution witnesses have been cited but none have been examined till date as charges are yet to be framed. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised at Bar; including the contention as to whether the offence under Section 109 of BNS (erstwhile Section 307 of IPC) is made out against the petitioner; shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 15.7.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 8 months and 20 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned ASHWANI KUMAR 2026.07.16 18:03 I attest to the accuracy and integrity of this document CRM-M No.33981 of 2026 -5- CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 16.7.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.07.16 18:03 I attest to the accuracy and integrity of this document