CRM-M-27999-2026 1 211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27999-2026 Date of Decision: 30.07.2026 KULDEEP ALIAS GOLDY ...Petitioner Vs. STATE OF HARYANA ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Wife of Kuldeep @ Goldy is present in Court. ASI Vinit, Police Station Nissing, Karnal is also present in Court. VIRINDER AGGARWAL , J. (Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail pending trial in FIR No. 406 dated 22.12.2023, registered under Sections 148, 149, 308, 323, 324, 379-B, 427, 452 and 506 of the Indian Penal Code, 1860 (corresponding to Sections 191(3), 190, 110, 115(2), 118(1), 304, 324, 333 and 351 of the Bharatiya Nyaya Sanhita, 2023), at Police Station Nissing, District Karnal (Annexure P-1). 2. As per the prosecution, the present FIR came to be registered on the complaint of Rampal, who alleged that on 19.12.2023 at about 8:25/8:30 p.m., he was present at Power Zone Gym situated on Guhla Road, Nissing, along with his nephew. At that time, Deepak @ Deep Lot, Sethi, Ajay, Aryan @ Baba Jati Khati, Rocky, Ravi and about 26-27 other persons, all allegedly armed with deadly weapons including axes, swords and farsa, forcibly entered the gym. It is alleged that Rohit @ Rohta, Sethi, Deepak, Kalu and Chandrakant assaulted Sonu with sharp-edged weapons with an intention to KUMUD VERMA 2026.07.30 15:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27999-2026 2 kill him, whereas Ravi, Ajay, Rocky and Aryan inflicted injuries upon Rahul with similar weapons. Deepak @ Deep Lot was allegedly carrying a pistol tucked in his waist. During the course of the occurrence, the accused persons are alleged to have raised threats and created terror inside the gym. 2.1. It is further alleged that some of the assailants, after concealing their identities by covering their faces, ransacked the gym premises, damaged the articles lying therein, removed the CCTV cameras and DVR, and ₹ decamped with cash amounting to 50,800/-. The accused are further alleged to have snatched mobile phones from certain persons who were exercising in the gym and threatened the complainant and others with dire consequences in case they continued to run the gym or came forward to depose against them. It is also alleged that, before fleeing from the spot, the accused persons damaged the motorcycles parked outside the gym with their weapons and escaped while brandishing the weapons in the air. On the basis of the aforesaid allegations, the present FIR was registered under Sections 148, 149, 308, 323, 324, 379-B, 427, 452 and 506 of the IPC. 2.2 During the course of investigation, the present petitioner was nominated as an accused. According to the prosecution, although the petitioner was not named in the FIR, he was found to have been a member of the unlawful assembly that had entered the gym and participated in the commission of the offences along with the other accused. It is the prosecution case that the petitioner was accompanying the co-accused during the occurrence in which injuries were caused to the victims and damage was caused to the gym premises. KUMUD VERMA 2026.07.30 15:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27999-2026 3 3. Since the lawyers have given a call for suspension of work today, none has put in appearance on behalf of the State. However, the petitioner is represented by his wife. The submissions on behalf of the petitioner have been considered on the basis of the averments made in the present petition. 4. It is submitted that the petitioner has been falsely implicated in the present case and is not named in the FIR. It has been pleaded in the petition that the petitioner was neither identified by the complainant nor by the injured witnesses during the course of investigation. It is further contended that no specific role has been attributed to the petitioner in the alleged occurrence. Though the prosecution alleges that the petitioner was accompanying the co-accused who entered the gym, assaulted the victims and caused damage to the property, no overt act has been assigned to him and no allegation exists that he inflicted any injury upon either of the injured persons, committed any act of robbery or theft, caused any damage to the gym, or issued threats to the complainant. 4.1 It is further submitted that no recovery has been effected from the petitioner and his implication rests merely on a disclosure statement recorded during police custody, which, according to the petitioner, carries no evidentiary value in law. It is also argued that the investigation stands concluded and the challan has already been presented before the learned Trial Court. The petitioner has remained in judicial custody since 02.03.2026 and, therefore, his further incarceration would serve no useful purpose, particularly when the trial is likely to take considerable time to conclude. KUMUD VERMA 2026.07.30 15:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27999-2026 4 4.2 It is further contended that similarly situated co-accused, including Ajay Kumar, Vikash @ Bashi and even the principal accused, Deepak Kumar @ Deep Lot, have already been granted the concession of regular bail by this Court and, therefore, the petitioner also deserves the benefit of parity. It is lastly submitted that the petitioner is not involved in any other criminal case, has not been declared a proclaimed offender, undertakes to abide by all the terms and conditions that may be imposed by this Court, and shall neither influence the prosecution witnesses nor tamper with the evidence. On these premises, prayer has been made for grant of regular bail pending trial. 5. Status report by way of affidavit of DSP, Headquarters, Karnal on behalf of respondent/State has been placed on record. 6. Since none has appeared on behalf of the State on account of the call for suspension of work, the stand of the prosecution has been considered on the basis of the status report/record produced by the Investigating Officer, ASI Vinit, Police Station Nissing, Karnal, who is present in Court. It emerges therefrom that the petitioner has been nominated during the course of investigation for being a member of the unlawful assembly which allegedly entered the gym armed with deadly weapons and participated in the commission of the offence. It is the case of the prosecution that the offences alleged are serious in nature, involving an armed assault upon the victims, causing injuries, extensive damage to the gym premises, theft of cash and other articles, and criminal intimidation. It is further the stand of the prosecution that the petitioner shared the common object of the unlawful assembly and, therefore, is equally liable for the acts committed by the co- KUMUD VERMA 2026.07.30 15:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27999-2026 5 accused by virtue of Sections 148 and 149 IPC. Accordingly, the prosecution opposes the prayer for grant of regular bail. 7. Be that as it may, the petitioner is not named in the FIR and was nominated during the course of investigation. Prima facie, no specific overt act has been attributed to him, nor is there any allegation that he inflicted injuries upon either of the injured persons or committed any act of theft, robbery or damage to the gym premises. Admittedly, no recovery has been effected from the petitioner and his implication is stated to be based upon a disclosure statement recorded during the course of investigation. Besides, the co-accused, namely Ajay Kumar, Vikash @ Bashi and even the principal accused, Deepak Kumar @ Deep Lot, have already been granted the concession of regular bail by this Court. The petitioner has remained in judicial custody since 02.03.2026 and has undergone custody of 04 months and 28 days. The investigation stands concluded, the challan has already been presented before the learned Trial Court. Thus, the trial is likely to take considerable time to reach its logical conclusion. In the totality of the facts and circumstances of the case, this Court is of the considered view that no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. 8. 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 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 KUMUD VERMA 2026.07.30 15:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27999-2026 6 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. 9. 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 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 KUMUD VERMA 2026.07.30 15:15 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27999-2026 7 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 30.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.30 15:15 I attest to the accuracy and integrity of this document Chandigarh