CRM-M-37435-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (225) CRM-M-37435-2026 (O&M) Date of Decision:16.07.2026 GAJRAJ … Petitioner Versus STATE OF HARYANA ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Himmat Singh Deol, Advocate for the petitioner. Mr. Tanuj Sharma, Asstt. AG, Haryana and Mr. Karan Veer Singh, Sr. DAG, Haryana. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973) seeking the concession of regular bail in case FIR No. 127 dated 11.12.2025, initially registered under Sections 115(2), 331(6), 190 and 191(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 323, 458, 149 and 147 IPC). During the course of investigation, offences under Sections 105, 117(2) and 49 of the BNS, 2023 (corresponding to Sections 304, 325 and 109 IPC) were added, whereas the offence under Section 103 BNS, 2023 (corresponding to Section 302 IPC) came to be deleted. The FIR stands registered at Police Station Jatusana, District Rewari (Annexure P-1). 2. The prosecution case emanates from a complaint lodged by Mukhtyar Singh, alleging that on 10.12.2025 at about 9:00 p.m., after GAURAV SOROT 2026.07.17 09:00 I attest to the accuracy and integrity of this document CRM-M-37435-2026 (O&M) -:2:- having dinner, when the complainant and his family members were preparing to retire for the night, a group of approximately 15–20 persons, specifically named in the complaint, unlawfully entered their residential premises on account of previous enmity. It is alleged that the accused persons, armed with lathis and dandas, formed an unlawful assembly and indiscriminately assaulted the complainant and his family members, including the womenfolk, causing multiple injuries to them. 2. The complainant specifically alleged that accused Sandeep son of Mahabir and Yashbir son of Ram Kumar, who were armed with dandas, along with the remaining accused, repeatedly assaulted his brother Mahesh Kumar with lathis, dandas and by giving fist and kick blows, as a consequence whereof Mahesh Kumar fell unconscious. The injured persons were thereafter shifted by neighbours, namely Rajbir and Dinesh, to the Trauma Centre, Rewari, for medical treatment. Subsequently, the complainant came to know that his brother Mahesh Kumar had succumbed to the injuries sustained during the occurrence. On the basis of the aforesaid allegations, the present FIR was registered, whereafter the investigation commenced and the accused persons were arrested in accordance with law. 3. Learned counsel appearing for the petitioner contends that the petitioner is innocent and has been falsely implicated in the present case. It is submitted that the deceased, Mahesh Kumar, was a habitual consumer of alcohol and that the medical evidence available on record prima facie indicates that his death occurred due to asphyxia on account of aspiration while under the influence of ethyl alcohol, and not as a direct consequence of the injuries allegedly sustained during the occurrence. Learned counsel GAURAV SOROT 2026.07.17 09:00 I attest to the accuracy and integrity of this document CRM-M-37435-2026 (O&M) -:3:- further submits that the medical opinion substantially corroborates the defence version and weakens the prosecution's allegation regarding the cause of death. It is, therefore, contended that the petitioner deserves to be enlarged on regular bail, particularly when the evidence collected thus far does not prima facie justify his continued incarceration. Accordingly, it is prayed that the present petition be allowed and the petitioner be granted the concession of regular bail. 3..1. Notice of motion. 4. Mr. Tanuj Sharma, learned Assistant Advocate General, Haryana, accepts notice on behalf of the respondent-State and has produced the custody certificate of the petitioner. Mr. Prashant Singh, Advocate, has entered appearance on behalf of the complainant and has filed his power of attorney, which is taken on record. Learned State counsel, duly assisted by learned counsel for the complainant, has vehemently opposed the prayer for grant of regular bail and has prayed for dismissal of the present petition. 5. I have heard learned counsel for the respective parties at considerable length and have carefully examined the paper book as well as the material placed on record with their able assistance. 6. I have given my thoughtful consideration to the rival submissions and have carefully perused the material available on record. Admittedly, the petitioner is about 70 years of age and has remained in judicial custody since 11.12.2025. A perusal of the opinion rendered by the Medical Officer prima facie reveals that the death of Mahesh Kumar was attributed to asphyxia on account of aspiration under the influence of ethyl alcohol, the deceased having a pre-existing compromised cardiac GAURAV SOROT 2026.07.17 09:00 I attest to the accuracy and integrity of this document CRM-M-37435-2026 (O&M) -:4:- condition. At this stage, without commenting upon the evidentiary value of the medical opinion, it cannot be overlooked that the medical evidence assumes significance while considering the prayer for regular bail. 6.1. It is further not disputed that the trial has not progressed substantially. The petitioner has already undergone a considerable period of incarceration and the proceedings before the trial Court are moving at a snail's pace, with no immediate likelihood of their conclusion. The right to a speedy trial being an integral facet of Article 21 of the Constitution of India, continued detention of the petitioner for an indefinite period, when the trial is likely to consume considerable time before reaching its logical conclusion, would not subserve the ends of justice. In the facts and circumstances of the present case, no useful purpose would be served by prolonging the petitioner's incarceration pending trial, particularly when his continued custody would amount to pre-trial punishment. 6.2. Consequently, without expressing any opinion on the merits of the case lest it may prejudice either side during the course of trial, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, as the case may be, and further subject to the following conditions:- i. The petitioner(s) shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the Investigating Agency. GAURAV SOROT 2026.07.17 09:00 I attest to the accuracy and integrity of this document CRM-M-37435-2026 (O&M) -:5:- ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. v. The petitioner(s) shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, the Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law. GAURAV SOROT 2026.07.17 09:00 I attest to the accuracy and integrity of this document CRM-M-37435-2026 (O&M) -:6:- vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of bail and issuance of appropriate coercive process, including warrants of arrest. 7. In view of the final adjudication of the principal matter, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings shall also stand disposed of accordingly. No separate or further orders are called for in respect of such applications, the same having been rendered infructuous in consequence of the present adjudication. ( VIRINDER AGGARWAL) 16.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.17 09:00 I attest to the accuracy and integrity of this document