CRM-M-20584-2026 1 213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20584-2026 Date of Decision: 16.07.2026 HARJINDER SINGH ALIAS JINDER ...Petitioner Vs. STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Jagjit Singh, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. AG, Punjab. 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 to the petitioner in FIR No. 46 dated 16.10.2024, initially registered under Sections 115(2), 118(1), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 323, 324, 148 and 149 of the Indian Penal Code, 1860). During the course of investigation, Sections 118(2), 127(2), 333 and 238 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 326, 342, 452 and 201 of the Indian Penal Code, 1860) were added and thereafter, vide General Diary entry dated 12.12.2024, Section 109 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 307 of the Indian Penal Code, 1860) was also incorporated. The FIR is registered at Police Station Kabirpur (Ahalikalan), District Kapurthala. 2. The prosecution case, as set out in FIR, is that on the basis of the statement made by the complainant Ramanpreet Kaur, allegations were levelled against the petitioner and other co-accused persons that they, along with 10-12 unidentified persons, armed with Dattars, entered the house of the KUMUD VERMA 2026.07.17 10:35 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20584-2026 2 complainant after closing the door and attacked her husband Sunny with an intention to cause his death. It is alleged that the accused persons caused multiple injuries to the injured with sharp-edged weapons. On the basis of the aforesaid allegations, the present FIR was initially registered under Sections 115(2), 118(1), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, additional offences under Sections 118(2), 127(2), 333 and 238 of the Bharatiya Nyaya Sanhita, 2023 were added. Subsequently, on receipt of medical opinion from a private hospital, wherein injury No.1 sustained by the injured was opined to be dangerous to life, offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023 was added. It is the further case of the prosecution that the petitioner, along with other accused persons, formed an unlawful assembly and committed the alleged assault with deadly weapons. After completion of investigation, the petitioner was arrested and is stated to be in custody since 02.12.2025. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case due to ulterior motives. It is contended that the petitioner is a poor labourer and earns his livelihood through hard work and has no connection with the alleged occurrence. It is submitted that the petitioner was not present at the spot at the time of the alleged incident and has been implicated only on the basis of false and exaggerated allegations made by the complainant. 3.1 Learned counsel further submits that as per the medical examination of the injured, only four injuries were found and out of those, only injury No.1 was declared dangerous to life, whereas the remaining injuries were simple in nature. It is argued that the nature of injuries does not KUMUD VERMA 2026.07.17 10:35 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20584-2026 3 support the allegation of an attempt to murder, particularly when a large number of persons are alleged to have attacked the injured with deadly weapons. It is further submitted that the offence under Section 109 of the BNS was added subsequently after receipt of a medical opinion after a considerable delay from the date of occurrence, which itself creates doubt regarding the prosecution version. 3.2 Learned counsel argues that the allegations against the petitioner are general and omnibus in nature and no specific role has been attributed to him. It is further submitted that the petitioner is in custody since 30.01.2025 and the trial is likely to take considerable time. Therefore, further incarceration of the petitioner would serve no useful purpose. 3.3 Learned counsel also submits that the similarly situated co- accused have been granted the concession of bail by the learned Trial Court as well as by this Court. Reliance has also been placed upon the order dated 17.02.2025 whereby anticipatory bail was granted to co-accused Gurwinder Singh @ Ginder. It is further submitted that the petitioner undertakes that, in case released on bail, he shall not influence any witness, tamper with the prosecution evidence, or misuse the concession of bail in any manner. 4. Notice of motion. 5. Mr. Baljinder Singh Sra, Addl. AG, Punjab, has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 15.07.2026, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 01 year 05 months and 15 days. KUMUD VERMA 2026.07.17 10:35 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20584-2026 4 6. Learned State counsel opposes the prayer for grant of regular bail and submits that the allegations against the petitioner are serious in nature as the injury suffered by the injured has been opined to be dangerous to life and, therefore, the offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023 has rightly been added during investigation. It is argued that the nature of the weapon used and the manner in which the occurrence took place clearly indicate the intention of the accused persons. It is further submitted that the petitioner is also involved in another criminal case registered under Sections 103, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 302, 120-B and 34 IPC), which reflects his criminal antecedents. 7. Be that as it may, without commenting upon the merits of the case, this Court is of the considered view that the petitioner deserves the concession of regular bail at this stage. The petitioner has remained in judicial custody since 30.01.2025. The investigation stands concluded and the challan has already been presented before the learned Trial Court. It has been submitted that the charges have been framed; however, none of the prosecution witnesses has been examined so far and, therefore, the conclusion of the trial is likely to consume considerable time. Furthermore, one of the co- accused, namely Gurwinder Singh @ Ginder, has already been granted the concession of anticipatory bail by this Court vide order dated 17.02.2025. In these circumstances, no useful purpose would be served by keeping the petitioner behind bars for an indefinite period, especially when his further custodial interrogation is no longer required. 8. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. KUMUD VERMA 2026.07.17 10:35 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20584-2026 5 (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 9. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner 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. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the KUMUD VERMA 2026.07.17 10:35 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20584-2026 6 petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either 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. 5. The petitioner 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, 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 bail in accordance with law. 6. The petitioner 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 from the date of such change. 7. The petitioner 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 his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his 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 regular bail and issuance of appropriate coercive process, including warrants of arrest. 16.07.2026 (VIRINDER AGGARWAL) kv JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.17 10:35 I attest to the accuracy and integrity of this document Chandigarh