CRM-M-39207-2026 1 228 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39207-2026 Date of Decision: 23.07.2026 SUKHJEET SINGH @ DIMPLE ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Keshav Pratap Singh, Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") (corresponding to Section 439 of the Code of Criminal Procedure, 1973), has been filed by the petitioner seeking grant of regular bail in FIR No. 305 dated 05.12.2025, registered under Sections 103(1), 105, 115 and 333 of the Bharatiya Nyaya Sanhita, 2023 (wherein Section 103(1) of BNS was deleted and Section 105 of BNS was added later on, corresponding to Sections 304, 323 and 452 of the Indian Penal Code, 1860), at Police Station Chhapar, District Yamuna Nagar, during the pendency of trial. 2. Briefly stated, the prosecution case is that the present FIR was registered on the complaint of Surinder, alleging that on 04.12.2025, at about 2:30-3:00 PM, the petitioner came to the complainant's house, initially armed with a danda and later returned with a kirpan, with which he inflicted a blow on the right thigh of the complainant's son, Avtar Singh. The injured was taken to the hospital, where he was given first aid and discharged. On the following morning, the complainant found his son dead in his room. During KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39207-2026 2 investigation, the petitioner was arrested on 24.01.2026. In his disclosure statement, he claimed that the occurrence took place during a sudden altercation after the deceased, allegedly under the influence of intoxicants, abused and assaulted him. Pursuant to the disclosure statement, the alleged weapon of offence, i.e. the kirpan, was recovered. The investigation further revealed that the deceased had been discharged from the hospital against medical advice at the instance of the complainant. Finding that the petitioner had no intention to cause the death of the deceased, the investigating agency deleted the offence under Section 103 of BNS from the challan. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the occurrence arose out of a sudden altercation and the petitioner had inflicted only a single injury on the thigh of the deceased without any intention to cause his death. It is further submitted that the deceased was discharged from the hospital against medical advice at the instance of the complainant and, therefore, the subsequent death cannot be attributed solely to the injury suffered. Counsel further submits that, in view of the investigation, the offence under Section 103 of the Bharatiya Nyaya Sanhita has already been deleted from the challan. It is also argued that the petitioner has been in custody since 24.01.2026, the investigation stands concluded, the challan has been presented, and the trial is likely to take considerable time to conclude. Accordingly, it is prayed that the petitioner be enlarged on regular bail. 4. Notice of motion. 5. Mr. Tanuj Sharma, learned Assistant Advocate General, Haryana, has put in appearance on behalf of the respondent-State and has opposed the KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39207-2026 3 present petition and submitted that the petitioner does not deserve the concession of bail, as he is specifically named in the FIR and is the author of the injury inflicted upon the deceased with a kirpan. It is contended that the allegations are serious in nature and the death of the victim occurred as a consequence of the injuries sustained during the occurrence. 6. Be that as it may, without expressing any opinion on the merits of the case, this Court is of the considered view that the petitioner deserves the concession of regular bail. The petitioner has remained in custody since 24.01.2026. The allegation against the petitioner is that he inflicted a single kirpan blow on the right thigh of the deceased during the course of the occurrence. It is further recorded in the challan that the victim was under the influence of intoxication and was allegedly abusing the petitioner. It is alleged that the victim attacked the petitioner, whereupon the petitioner, being an Amritdhari Sikh, took out his Kirpan (Gattra/Giri Saroop) and inflicted a blow on the thigh of the victim. It is further recorded that the victim got discharged from the hospital against medical advice and did not undergo the prescribed treatment. It is also a matter of record that, during the investigation, the offence under Section 103 of BNS was deleted from the challan. The investigation stands concluded, the challan has already been presented before the learned Trial Court, and the charges have been framed. However, none of the prosecution witnesses have been examined till date. Thus, there is no likelihood of the trial concluding in the near future. 7. 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. (Criminal) 131, wherein it has been held that grant of bail is the rule and KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39207-2026 4 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. 8. 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 petitioner his permanent residential address as well as present KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39207-2026 5 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. (VIRINDER AGGARWAL) JUDGE 23.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.24 14:50 I attest to the accuracy and integrity of this document Chandigarh