CRA-S No.1498 of 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 228 ***** CRA-S No.1498 of 2026 Date of decision : 21.7.2026 Date of uploading : 21.7.2026 Yuvraj @ Uvi ………….Appellant Versus State of Haryana and another …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Nissim Aggarwal, Advocate, for the appellant Mr. Gurmeet Singh, AAG, Haryana Mr. J.S. Saneta, Advocate, for the complainant --- SUMEET GOEL, J. (ORAL) 1. Present appeal has been filed against the order dated 20.4.2026 passed by the Additional Sessions Judge, Panipat, whereby the application for grant of regular bail to the appellant in FIR No.209 dated 11.9.2025 under Sections 191(3), 190, 140(1), 126, 115 and 103(1) of Bharatiya Nyaya Sanhita, 2023 and Section 3 of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (Section 238(a) of BNS and Section 3(2)(v) of SC/ST Act added later on), registered at Police Station Sadar Panipat, District Panipat, has been dismissed. 2. The case set up in the FIR in question (as set out in the present appeal by the appellant) is as follows:- ‘To the S.H.O. Sahib, Sadar Police Station Panipat. Sir, it is requested ASHWANI KUMAR 2026.07.21 18:12 I attest to the accuracy and integrity of this document CRA-S No.1498 of 2026 -2- that I, Ajay Kumar, son of Shri Manoj, resident of Pasina Kalan, Police Station Sector 29 Panipat, state that my sister Rabina and my aunt (Bua) Ashish are married in Rajrani village Sherkalan, Panipat. On September 8, 2025, my brother Mohit (aged 21) had gone to village Sherkalan to meet my sister and aunt. A boy from our village, with him. On was of Rohtas, son September 10, 2025, my brother and his friend told me that they were suffering from diarrhoea. At around 9:00 PM in the evening, while my brother and friend were out due to the diarrhoea, a car and several motorcycles arrived with 20-25 boys carrying sticks, rods, and ice-picks (sua). They stopped them and used caste-based slurs like "Saalo-Chudo, Ded" and "You low-caste people, where are you wandering?" They then were us. of forced them into the car. Among them were Suresh Thekedar son of Dharmpal, resident of Hari Nagar, Panipat, Rinku son of Dhansingh, resident of Batra Colony, Panipat, Sumit son of Jagdish, resident of Harinagar, Panipat, Rahul son of Mukesh, resident of Idgah Colony, Panipat, Saurabh son of Indra Sain, resident of Batra Colony, Jatin son of Karna Singh, resident of Shakti Nagar, Panipat, Vicky son of Suresh, resident of Harinagar, Panipat, the son Suresh's sister, Rajbir son of Dharmpal and the son of Rajbir. We had identified these individuals and the others. unknown to These people hurled caste-based abuses upon the two of us, put us into a car and took us in the fields near a pond. They took off our clothes, tied us with a rope and beat us with sticks, sua and other weapons for quiet some time. My sister and my aunt told me that they were suffering from diarrhoea and they were frequently using the washroom; that I am going to use the washroom but when he did not return for quite some time. When he did not return, we searched for them but to no avail. We have come to know today that a person named Suresh from our Village had taken a contract for the village pond and he, along with 20-25 others, kidnapped and beat t hem. On 11.09.2025, during treatment for these injuries at P.G.I. Khanpur Kalan, my brother Mohit passed away. Strict legal action should be taken against the accused. Sd/- AJAY (Complainant) Mobile: 9050058775 DATED 11-9-25.’ 3. Learned counsel for the appellant has argued that the appellant is in custody since 15.9.2025. Learned counsel has further urged that the appellant is not specifically named in the FIR. Learned counsel has ASHWANI KUMAR 2026.07.21 18:12 I attest to the accuracy and integrity of this document CRA-S No.1498 of 2026 -3- further urged that the appellant even not been specifically named in the statement of the eye witness (Ashish) recorded under Section 180 of BNSS (erstwhile Section 161 of Cr.P.C.). Learned counsel has further urged that an omnibus/general role has been attributed to the appellant. Learned counsel has further urged that the appellant has been sought to be arraigned as an accused primarily on the basis of disclosure statement of co-accused Sourabh @ Dhola as also his own disclosure statement and such statements are not tenable when tested in law. Learned counsel has further urged that the appellant is a man aged 18 years with clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has filed status report by way of affidavit of Naveen Sandhu, HPS, Deputy Superintendent of Police, Crime Against Women, Panipat, in Court today. The same be kept on record. Relevant thereof reads thus: ‘7. That the name of the petitioner was surfaced in the disclosure statement of the co-accused Sourabh @ Dhola S/o Indersain. The role of the petitioner in the crime is that Suresh Kumar had taken the pond in village Rair Kalan Panipat on lease from the Panchayat where he carries out fish farming activities. Suresh Kumar is maternal-uncle of the petitioner's friend/co-accused Sumit S/o Jagdish. Many times, fish were stolen from the pond. Sumit informed the petitioner about this over the phone and called them to his maternal uncle Suresh's office at Ram Swaroop Chowk Hari Nagar Panipat and said that today they will teach lesson to those thieves. Thereafter, in night of 09/09/2025, the petitioner, co-accused Rinku S/o Dhan Singh, Sourabh S/o Indersen, Jatin S/o Karn Singh, Rahul S/o Mukesh, Gagan S/o Dalbir and Ankush @Gandhi S/o Suresh were gathered. After that, in car No.DL-8CAQ-9520 of co-accused Suresh, he, co-accused Rahul and Jatin, along with co-accused Sumit on his bike No.HR06AA7940, the petitioner and co-accused Gagan and on his maternal cousin Vikram's bike no. HR06AL8950 co-accused Rinku and ASHWANI KUMAR 2026.07.21 18:12 I attest to the accuracy and integrity of this document CRA-S No.1498 of 2026 -4- Ankush @ Gandhi rode together carrying sticks in their hands and proceeded towards Suresh Pond located in village Rair Kalan Panipat. When all of them reached near the temple of village Rair Kalan at about 11:00 PM, they saw two boys going from the road towards the fields. On suspicion, they blocked their path with our car and bikes, forcibly kidnapped them, assaulted them and put them into co-accused Suresh's car and took them to the fields near the pond. There, they took them out of vehicle, tied them with ropes, and all of them beat them with sticks while asking their names, addresses, and caste. One of them stated his name as Mohit S/o Manoj caste Valmiki and the other stated his name as Ashish S/o Rohtash caste Valmiki resident of village Passina Kalan Panipat. After this, they abused both of them with caste-related slurs and beat them even more. Co-accused Sumit took out a fish hook from the pond and also injured them with the fish hook. After that, co-accused Sumit told co- accused Rinku to make a video of them on his phone. They continued slapping, punching, and kicking them while interrogating them about their other associates, and co-accused Rinku recorded the video on his phone. Due to the serious injuries suffered by the two boys from our assault, and in order to conceal the incident, Co-accused Suresh informed Dial 112 that two thieves stealing fish from his pond had been caught. After this, they untied the ropes and co-accused Sumit threw the fish back into the pond. Thereafter, they all run away from the spot in the car and on the bikes carrying our sticks. The disclosure statement of petitioner and co- accused Sourabh @ Dhola are attached as Annexure R-2 and R-3.’ Raising submissions in tandem with the said status report, learned counsel has opposed the present appeal by arguing that the allegations raised are serious in nature and thus the appellant does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 20.7.2026 in Court, which is taken on record. 4.1 Learned counsel for the complainant has vehemently opposed the grant of regular bail to the appellant on the ground that there are direct and serious allegations against the appellant. Learned counsel has further ASHWANI KUMAR 2026.07.21 18:12 I attest to the accuracy and integrity of this document CRA-S No.1498 of 2026 -5- urged that multiple people had caught and mercilessly beaten up the deceased as also the eye witness (PW-Ashish). Learned counsel has further urged that the deceased as also the eye witness were stripped naked and tide with ropes & were meted out inhumane treatment on the mere suspicion of barely stealing fish from the pond. On the strength of these submissions, dismissal of the appeal in hand is entreated for. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The appellant was arrested in the present case on 15.9.2025. Upon culmination of investigation, challan stands presented in the Court on 12.12.2025. Total 40 prosecution witnesses have been cited. It is not in dispute that only 01 witness namely Dr. Anchal has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon 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. 6.1 Keeping in view the entirety of the factual milieu of the case, especially, the name of the appellant not figuring in the FIR, not figuring specifically in the statement of eye witness-Ashish, no specific role having been attributed to the appellant, and a danda only is stated to have been recovered from the appellant and the appellant being a young man aged 18 years with no criminal antecedents, this Court is inclined to affirmatively consider the bail petition. Nothing tangible has been brought ASHWANI KUMAR 2026.07.21 18:12 I attest to the accuracy and integrity of this document CRA-S No.1498 of 2026 -6- forward to indicate the likelihood of the appellant absconding from the process of justice or interfering with the prosecution evidence. 6.2 As per custody certificate dated 20.7.2026 filed by learned State counsel, the appellant has already suffered incarceration for a period of 10 months and 4 days & is not shown to be involved in any other case. Suffice to say, further detention of the appellant as an undertrial is not warranted in the facts and circumstances of the case. 7. Accordingly, the present appeal is allowed. Appellant 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 CJM/Duty Magistrate, the appellant shall remain bound by the following conditions:- (i) The appellant shall not mis-use the liberty granted. (ii) The appellant shall not tamper with any evidence, oral or documentary, during the trial. (iii) The appellant shall not absent himself on any date before the trial. (iv) The appellant shall not commit any offence while on bail. (v) The appellant shall deposit his passport, if any, with the trial Court. (vi) The appellant 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 appellant 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 appellant. ASHWANI KUMAR 2026.07.21 18:12 I attest to the accuracy and integrity of this document CRA-S No.1498 of 2026 -7- 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 21.7.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.07.21 18:12 I attest to the accuracy and integrity of this document