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2026 DAILYLAW 34049 (PNJ)

MAHENDER MANDAL v. STATE OF HARYANA

CRM-M/27107/2026 · 2026-07-28

Vikram Aggarwal

body2026

Judgment text

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212 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.27107 of 2026 Date of Decision:- 28.07.2026 Mahender Mandal …..Petitioner. Versus State of Haryana .....Respondent. CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL ***** Present:- Mr. Surender Saini, Advocate for the petitioner. Ms. Jasmine Gill, AAG, Haryana. VIKRAM AGGARWAL, J. (ORAL) Prayer in the present petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the ‘BNSS’) is for the grant of regular bail to the petitioner in case FIR No.625 dated 12.10.2024 registered under Section 106 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’), at Police Station Kundli, District Sonepat. 2. Status report by way of affidavit of Sh. Malkeet Singh, HPS, Assistant Commissioner of Police, Rai, District Sonepat and custody certificate dated 27.07.2026 filed in Court today, are taken on record. 3. On a complaint submitted by one Hari Pal, the FIR in question was registered, the translated version of which (as given in Annexure P-1) is as under:- YAG DUTT 2026.07.28 17:06 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.27107 of 2026 -2- “Sir, it is submitted that I Hari Pal s/o Sir, Pyare Lal, am r/o Fattepur, PSMangeru Ganj, Tehsil Matoli, Distt PM Lakhim Pur Khiri, UP and now reside in Village Safiyabad with my children and work in a Factory. I have 3 children. On 11.10.2024 on the occasion of Maha Navmi my 3 children had gone for food to the house of Mahender and Neelam, who resides as tenant in neighbourhood. Myself and my wife Smt Devi had gone on our duty in the Company. Around 11 O’Clock a phone came to my Supervisor in the Company that condition of Prince son of Mahi Pal (Hari Pal) is not good. On receipt of this information I immediately came to my house and talked to Mahender, who told that condition of Prince is not good and he (Mahender) took him to Government Hospital Narela. Thereafter neither Mahender met me nor any information of Prince was received. At 6 pm I came to know that Mahender and Neelam left my Son Prince in my room and left. Myself and my wife came to room then Prince told me that he is having Stomach ache. Myself and my wife took him to Government Hospital Narela for treatment and there the Doctor declared my son Prince as dead. I came to know that Mahender and Neeelam had kept acid in Sprite Bottle near the water jug. My son Prince drank the acid from the bottle thinking it as Sprite Cold Drink. Mahender and Neelam have committed negligence by putting acid in Sprite bottle near the water jug. Legal action be initiated against Mahender and Neelam, who are residents of Bihar. Sd/- Hari Pal Applicant 95181 47439, 93106 61021.” 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the bottle of acid was at the house of Neelam, who is not the wife of the petitioner. He further submits that it appears that the child had accidently consumed the acid from the YAG DUTT 2026.07.28 17:06 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.27107 of 2026 -3- bottle of Sprite and since the child unfortunately expired, his parents implicated Neelam and the present petitioner. He submits that even as per the case of the complainant, there is no allegation of the sulphuric acid having been forcibly administered to the child and the allegation is that the petitioner and Neelam had been negligent since they did not take the child to the hospital. Learned counsel maintains that, in fact, the petitioner had taken the child to the hospital. He submits that even otherwise, investigation stands completed; final report stands submitted; charges stand framed; out of 22 prosecution witnesses, only 03 witnesses have been examined; the petitioner is in custody for the last almost 01 year, he having been arrested on 16.08.2025; the antecedents of the petitioner are clean; trial will still take a sufficiently long time and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer. 5. Per contra, learned State counsel has opposed the prayer for grant of bail stating that if the petitioner is released on bail, he may try to influence and threaten the witnesses and may also abscond. 6. I have considered the submissions made by learned counsel for the parties. 7. It is unfortunate that a child expired after having consumed acid kept in a bottle of Sprite. As to whether it is a case of culpable homicide not amounting to murder shall be decided when the trial concludes. The antecedents of the petitioner are clean and he is in custody for the last 11 months 12 days. Investigation stands completed. No recovery has to be made from the petitioner. Out of 22 prosecution YAG DUTT 2026.07.28 17:06 I attest to the accuracy and authenticity of this order/judgment. CRM-M No.27107 of 2026 -4- witnesses, only 03 have been examined till date. Trial will, therefore, take a sufficiently long time and no useful purpose would be served by keeping the petitioner in custody any longer. 8. In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate. 9. However, nothing stated herein above shall be construed to be an opinion on the merits of the case. (VIKRAM AGGARWAL) July 28, 2026 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No YAG DUTT 2026.07.28 17:06 I attest to the accuracy and authenticity of this order/judgment.