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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.-
CRM-M-38462-2026 (O&M)
Date of Decision : 23.07.2026
Ankush and Another
....Petitioners VERSUS State of Haryana
....Respondent
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present: Mr. Arun Luthra, Advocate for the petitioners.
Mr. Rajiv Sidhu, Sr. DAG Haryana.
Ms. Jahnvi Juneja, Advocate for the complainant. -.- N.S.SHEKHAWAT J. (Oral)
1.
The petitioner has filed the present petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant anticipatory bail to him in case FIR No.0311 dated 28.05.2026, registered under Sections 110, 115, 190, 191 (3), 351(3) and subsequent added Section 117(2), 238 of BNS (Corresponding Sections 308, 323, 149, 148, 506, 325 and 201 IPC), at Police Station Kundali, District Sonepat.
2.
Learned counsel for the petitioners contends that in the present case, the complainant side was the real aggressor and had caused injuries to Ankush, Krishna, Babli and Sukhbir on the side of the petitioners. Consequently, the question of aggressor is yet to be adjudicated by the trial Court. Learned counsel further submits that Sukhbir Singh, grand-father of the petitioners and few others had filed civil suit for grant of injunction against the present complainant side. Vide order dated 25.05.2026 TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document
CRM-M-38462-2026 (O&M)
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(Annexure P-3), the complainant side was restrained from dispossessing the plaintiff i.e. the petitioner’s side from the suit property except due to course of law. After the grant of the injunction in favour of the petitioners, the complainant, along with his henchmen, came to the spot and forcibly demolished the house of the petitioner. Apart from that they also caused injuries to the above-stated four injures and in their self-defence, the petitioners and their co-accused had caused injuries to Rajinder Singh, Ravinder and Satish. Learned counsel further submits that even the complainant side had colluded with the police and the medical record was manipulated in the present case. Apart from that, except one injury all other injuries were simple in nature and the offence under Section 110 BNS was wrongly added in the present case. Even the only fracture which was suffered by Ravinder on the little figure of his left hand was manipulated by the complainant side and the custodial interrogation of the petitioners may not be required. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioners on the ground that serious allegations have been levelled against the present petitioners and they do not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record with their assistance. 5. It is not in dispute that all the injuries in the present case suffered by the complainant side were simple in nature except one injury on the little finger of left hand of Ravinder, which was declared to be grevious in nature.
Apart from that only two persons, namely, Ravinder and Satish TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document
CRM-M-38462-2026 (O&M)
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had suffered injuries on the complainant side whereas four persons were injured on the side of the petitioners. Thus, question of aggressor is yet to be adjudicated by the trial Court. 6. In view of the above discussion, the present petition is allowed and the petitioners are directed to join the investigation. In the event of arrest, they shall be released on anticipatory bail to the satisfaction of arresting/investigating officer subject to the conditions envisaged under Section 438 (2) Cr.P.C./482 (2) of BNSS, 2023. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. July 23, 2026
(N.S.SHEKHAWAT) tripti
JUDGE
Whether speaking/non-speaking : Speaking
Whether reportable
: Yes/No TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document