CRM-M-23866-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 234 CRM-M-23866-2026 Decided on : 22.07.2026 HARSH ......Petitioner Versus STATE OF HARYANA ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Rajesh Kumar Kashyap, Advocate, for the petitioner. Mr. Pawan Kumar Garg, DAG, Haryana. Mr. S.S. Jattan, Advocate, for the complainant. **** SANJAY VASHISTH, J. 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Harsh, aged about 22 years 133 12.05.2025 103(1), 190, 191(3) of BNS and 25 of Arms Act (erstwhile sections 302, 149, 148 of IPC) Mahesh Nagar Ambala LAVISHA 2026.07.23 13:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-23866-2026 2 2. Brief facts of the present case, as discussed in the order dated 16.04.2026 passed by learned Additional Sessions Judge, Ambala (Annexure P-3), is reproduced here under, for reference:- “Brief Brief facts of prosecution case are that the complainant Rishabh @ Rishu made a statement to the police to the effect that he is doing the work as delivery boy with Zomato company. On 11.05.2025, at about 7.00 P.M., he alongwith Suraj, Kuldeep @ Deepi, Shivam and Hardik was sitting in the ground near Khera of Pooja Vihar and his friend Suraj told him that Rajbir @ Kaku used to teased his sister. Suraj went to pursuad Rajbir @ Kaku and gave slap blows to Rajbir and thereafter, Rajbir wen away. After some time Rajbir alongwith his brother Vishesh, father Rajinder @ Panda and uncle Sukhdev @ Kaka, Shibu, Rajat and his brother Tinku alongwith 5-6 friends armed with knife and dandas came in a pick-up and they tried to ran away but their friend Hardik fell down. Rajbir and his companions caught hold Hardik. Rajbir gave a knife blow to on the chest of Hardik. The other persons also gave danda blows on the head and other parts of the body of Hardik. He alongwith his friend Kuldeep @ Deepy took Hardik to Civil Hospital, Ambala Cantt, where the doctor declared him dead. Accordingly, the present FIR has been registered and accused has been arrested in the above said FIR.” 3. It is the case of prosecution that, during the course of investigation, accused Sukhdev alias Kaka and Rajbir alias Kaku were arrested and, on the basis of their respective disclosure statements, petitioner was also arrayed as an accused in the present case. It is alleged that petitioner, along with the other accused, had gone to the place of occurrence while armed with a knife and sticks. 4. Learned counsel for the petitioner submits that petitioner was not named as an accused in the FIR. It is contended that, however, when the complainant, namely Risabh alias Rishu, appeared in the LAVISHA 2026.07.23 13:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-23866-2026 3 witness-box, he identified the petitioner and deposed that petitioner, Harsh, along with 5–6 other boys, was present at the spot. 5. Learned counsel further submits that petitioner is in judicial custody since 13.05.2025, i.e. for a period of about 1 year and 2 months. Thus, it is prayed that petitioner be granted the concession of regular bail in the present case. 6. In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 21.07.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petitioner has already undergone 01 year, 02 months and 09 days period inside jail. 7. This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it. 8. Examination-in-chief of the complainant – Rishab alias Rishu was recorded on 18.02.2026, and the same is reproduced here under, for reference:- “Stated that I am 10th pass and I am well conversant with Hindi and English language. I am delivery agent in Zomato. On 11.05.2025, Suraj who is my friend stopped accused Rajbir as Rajbir used to harras/teas the sister of Suraj. On that day accused Rajbir was stopped by Suraj and Suraj slapped Rajbir. On that evening at about 6:30-7:00 P.m. Accused Rajbir brought his father, brother, uncle, cousin, Harsh and five-six other boys in playing ground at Pooja Vihar in a pickup vehicle. All of them alighted from the vehicle having knife, sticks in their hands and came running towards us. When we started to run away, my LAVISHA 2026.07.23 13:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-23866-2026 4 friend Hardik fell on the ground. Rajbir's father inflicted knife blow in the chest of Hardik. Rajbir inflicted knife in the side of the stomach to Hardik. Accused Hardik, Rajbir's brother, his uncle and cousin gave sticks blows on the head and the other body part of Hardik. Thereafter, all the accused persons fled from the spot. Thereafter, we I and Kuldeep took the injured Hardik to Civil Hospital, Ambala Cantt. When the doctor examined him, they declared him dead. I have seen statement Ex. P1 which bears my signature which was given by me to the police. On the next day i.e 12.05.2025, I visited the spot and got the site plan prepared in my presence which is Ex. P2 which bears my signature at point A. All the accused persons are present through VC and I identify by them as the assailants who attacked us and killed Hardik.” 9. Complainant, in his examination-in-chief, has specifically named the petitioner. However, there is no explanation as to how complainant identified the petitioner or why his name was not disclosed at the time of registration of FIR. The evidentiary value and implications of such testimony, are matters to be appreciated by learned Trial Court at the stage of final adjudication, after considering the entire evidence brought on record. Moreover, petitioner is stated to be about 22 years of age, and has remained in judicial custody for the last one year and two months. 10. Having regard to the totality of facts and circumstances of the case, nature of the allegations levelled against the petitioner, period of custody already undergone, and the factors noticed hereinabove, this Court is of the considered view that petitioner deserves to be extended the concession of regular bail in the present case. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing LAVISHA 2026.07.23 13:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-23866-2026 5 bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 11. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 12. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 13. It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. 14. However, it is made clear that, in case, petitioner is found to be influencing or attempting to influence the prosecution witnesses, or otherwise misusing the concession of bail, it shall be open for the prosecution as well as complainant to move an appropriate application seeking cancellation of the present bail order, which shall be considered in accordance with law. 15. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 22.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.23 13:12 I attest to the accuracy and integrity of this document PHHC, Chandigarh