The High Court
Case Details
CRM-M No.34218 of 2025 -1- 251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Abhishek State of Haryana CRM-M No.34218 of 2025 Date of Decision: 11.11.2025 .....Petitioner versus ..... Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***** Present :- Mr. Mohan Singh Chauhan, Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana. **** RAJESH BHARDWAJ , J. (Oral) 1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.172, dated 23.07.2024, under Sections 109(1), 115, 190, 191(3), 351(2) of BNS (Sections 111(2), 117(2), 118(2), 238(2) BNS and Sections 25(1-B)(a), 29 of Arms Act (Amended 2019) added later on), registered at Police Station Saha, District Ambala, Haryana. 2. Succinctly the facts of the case are that FIR in the present case was got registered on the statement of complainant, namely, Narender Singh @ Ninda. It was alleged that on 23.07.2024, at about 02:45 P.M., the complainant received a call from Yash, who called him at Agriculture Science Centre, Tepla. On receiving the call, the complainant along with his maternal uncle, namely, Rajinder Singh reached at Agriculture Science RITTU 2025.11.11 18:49 I attest to the accuracy and integrity of this document Abhishek Bond, Nikhil Bond, Aman Gaddi and 7-8 other persons. It was alleged that they all started firing at them and attacked them with intention to kill them with swords and dagger (gandasi). It was alleged that the fire shot made by Yash hit his maternal uncle, thereafter, Yash and his friends fired several shots, which hit on the right leg of the complainant. Accused attacked them with their daggers and swords. On causing injuries, all of them escaped from the scene of occurrence. Thus the request was made to take legal action against the accused. On registration of the FIR, the investigation commenced. During the investigation, Raghav, Nikhil Bond and Aman Gaddi were declared innocent. The petitioner was arrested on 24.02.2025. On completion of investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Additional Sessions Judge, Ambala praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Ambala declined the bail application filed by the petitioner vide order dated 23.05.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of regular bail. 3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that though the petitioner has been named in the FIR, however the co-accused, namely, Raghav, Nikhil Bond and Aman Gaddi were also named in the FIR but the investigating agencies have declared them innocent. He has submitted that no specific role has been attributed to the petitioner. To buttress his arguments, learned counsel for the petitioner has RITTU 2025.11.11 18:49 I attest to the accuracy and integrity of this document Akash @ Kashi, Aman Sonkar, Deepak @ gattu and Yash @ Chuhi have already been granted bail by the learned trial Court. He has further submitted that co-accused, namely, Aman Sonkar was involved in 17 other cases but he is on bail. He has submitted that the petitioner is facing prosecution in 07 other cases, out of which 04 FIRS have already been quashed by this Court and in remaining 03 cases, he is on bail. He has submitted that the petitioner is behind bars since 24.02.2025, however the prosecution has not been able to examine even a single witness till date. He has submitted that in the facts and circumstances, the petitioner deserves to be granted bail. 4. Per contra, learned counsel for the State has also opposed the submissions made by learned counsel for the petitioner. He has submitted that the petitioner has been specifically named in the FIR. He has submitted that the petitioner along with the co-accused fired upon the complainant and his uncle. He has submitted that both the complainant and his uncle were injured by the petitioner and other co-accused. He, on instructions, has submitted that out of total 26 prosecution witnesses, no witness has been examined as on date. He has submitted that the petitioner is involved in 06 other cases. He affirms the fact that out of total 06 accused, rest of 05 co-accused are on bail. He has produced custody certificate of the petitioner today in the Court, which is taken on record. 5. The Court has heard learned counsel for the parties and perused the record with their able assistance. 6. After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner was named in the FIR along RITTU 2025.11.11 18:49 I attest to the accuracy and integrity of this document The petitioner is behind bars since 24.02.2025. Custody certificate produced would show that the petitioner has suffered incarceration of 08 months and 21 days as on 10.11.2025. Though the petitioner is facing prosecution in 06 more cases, however, in 05 of the cases, he is on bail. 7. The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. 8. This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides and perusing the record, the Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for the grant of bail. 9. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case. However, if the petitioner does not furnish the bail bonds within seven days from today, then his further custody period after one week will not be counted in this case. 11.11.2025 rittu (RAJESH BHARDWAJ) JUDGE Whether speaking/reasoned Whether reportable : : Yes/No Yes/No RITTU 2025.11.11 18:49 I attest to the accuracy and integrity of this document