17.11.2025 SANJEEV KUMAR SANJEEV KUMAR HARYANA STATE OF HARYANA v. …
Case Details
CRM-M-46993 46993-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 296 CRM-M-46993-2025 CRM Date of decision: 17.11.2025 Date of decision: 17.11.2025 SANJEEV KUMAR SANJEEV KUMAR HARYANA STATE OF HARYANA Versus ….Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Advocate for the petitioner. Mr. Namit Khurana, Advocate for the petitioner. Mr. Ashwani Bhatia, AAG, Haryana Mr. Haryana. Mr. Aditya Sanghi, Advocate Mr. Aditya Sanghi, Advocate Mr. Himanshu Garg, Advocate Mr. Himanshu Garg, Advocate for the complainant. for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the the instant petition filed under Section 482 of the Through Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.91 dated 09.05.2025 registered under seeks anticipatory bail in case FIR No.91 dated 09.05.2025 registered under FIR No.91 dated 09.05.2025 registered under seeks anticipatory bail in 2), 110 and 117(2) of the 115, 126, 190, 191(3), 351(2), 118(2), 110 and 117(2) of the 115, 126, 190, 191(3), 351(2), 118( Sections 115, 126, 190, 191(3), 351(2), 118( Bharatiya Nyaya Sanhita, 2023 (Section 109(1) of the BNS deleted later on), ya Nyaya Sanhita, 2023 (Section 109(1) of the BNS deleted later on), 109(1) of the BNS deleted later on), at Police Station Chhachhrauli, District Yamuna Nagar. at Police Station Chhachhrauli, District Yamuna Nagar at Police Station Chhachhrauli, District Yamuna Nagar 2. On 11.09.2025, following order had been passed: On .2025, following order had been passed: - “Prayer in the present petition filed under S “ ection 482 of the Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.91 dated 09.05.2025 registered under Section 115, case FIR No.91 dated 09.05.2025 registered under Section 115, case FIR No.91 dated 09.05.2025 registered under Section 115, case FIR No.91 dated 09.05.2025 registered under Section 115, 126, 190, 191(3), 351(2), 118(2), 110 and 117(2) of the 126, 190, 191(3), 351(2), 118(2), 110 and 117(2) of the 126, 190, 191(3), 351(2), 118(2), 110 and 117(2) of the 126, 190, 191(3), 351(2), 118(2), 110 and 117(2) of the BNS were Bharatiya Nyaya Sanhita, 2023 (Sections 109(1) of the BNS were Bharatiya Nyaya Sanhita, 2023 (Sections 109(1) of the Bharatiya Nyaya Sanhita, 2023 (Sections 109(1) of the GURPREET 2025.11.20 10:16 I attest to the accuracy and authenticity of this document. CRM-M-46993 46993-2025 - -2- deleted later on), at Police Station Chhachhrauli, District deleted later on), at Police Station Chhachhrauli, District deleted later on), at Police Station Chhachhrauli, District deleted later on), at Police Station Chhachhrauli, District Yamuna Nagar. Yamuna Nagar. Status report filed by learned State counsel, in Court Status report filed by learned State counsel, in Court Status report filed by learned State counsel, in Court today, is taken on record. today, is taken on record Brief facts as per the case of the prosecution are that the Brief facts as per the case of the prosecution are that the Brief facts as per the case of the prosecution are that the accused caused injuries to the petitioner along with other co-accused caused injuries to the accused caused injuries to the petitioner along with complainant, due to some old grudge. complainant, due to some old grudge. complainant, due to some old grudge. Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He IR further contends that neither the petitioner was named in the FIR further contends that neither the petitioner was named in the F further contends that neither the petitioner was named in the F nor has any concern with the alleged crime. He argued that the nor has any concern with the alleged crime. He argued that the nor has any concern with the alleged crime. He argued that the nor has any concern with the alleged crime. He argued that the name of the petitioner does not figure in the FIR as he is Sanjeev name of the petitioner does not figure in the FIR as he is Sanjeev name of the petitioner does not figure in the FIR as he is Sanjeev name of the petitioner does not figure in the FIR as he is Sanjeev Kumar son of Jai Pal whereas in the FIR, the name of the Kumar son of Jai Pal whereas in the FIR, the name of the Kumar son of Jai Pal whereas in the FIR, the name of the Kumar son of Jai Pal whereas in the FIR, the name of the accused has been mentioned as Sanju son of Pala. He further accused has been mentioned as Sanju son of Pala. He further accused has been mentioned as Sanju son of Pala. He further accused has been mentioned as Sanju son of Pala. He further that if the contents of the FIR are taken to be true, even argued that if the contents of the FIR are taken to be true, even that if the contents of the FIR are taken to be true, even argued then no life threatening injury is attributed to the present then no life threatening injury is attributed to the present then no life threatening injury is attributed to the present then no life threatening injury is attributed to the present that a cross FIR No.92 dated petitioner. He further argued that a cross FIR No.92 dated that a cross FIR No.92 dated petitioner. He further argued 09.05.2025 was registered at Police Station Chhahhrauli, 09.05.2025 was registered at Police Station Chhahhrauli, 09.05.2025 was registered at Police Station Chhahhrauli, 09.05.2025 was registered at Police Station Chhahhrauli, ar against the complainant party pertaining District Yamuna Nagar against the complainant party pertaining ar against the complainant party pertaining District Yamuna Nag accused Sunil Kumar has to the same incident. Further, co-accused Sunil Kumar has to the same incident. Further, co to the same incident. Further, co already been granted the concession of anticipatory bail by a already been granted the concession of anticipatory bail by a already been granted the concession of anticipatory bail by a already been granted the concession of anticipatory bail by a ordinate Bench of this Court, vide order dated 22.07.2025. Co-ordinate Bench of this Court, vide order dated 22.07.2025. ordinate Bench of this Court, vide order dated 22.07.2025. Co bmitted that the petitioner is Learned counsel has further submitted that the petitioner is Learned counsel has further su Learned counsel has further su ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called upon to do so by the investigating agency. upon to do so by the investigating agency. upon to do so by the investigating agency. On the other hand, learned State counsel while referring On the other hand, learned State counsel while referring On the other hand, learned State counsel while referring to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of cipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the allegations levelled cipatory bail, by submitting that the allegations levelled anti against the petitioner are serious in nature. against the petitioner are serious in nature. against the petitioner are serious in nature. Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner the crime and, thus, does not deserve has played an active role in the crime and, thus, does not deserve the crime and, thus, does not deserve has played an active role in the concession of bail. the concession of bail. List on 14.10.2025. GURPREET 2025.11.20 10:16 I attest to the accuracy and authenticity of this document. CRM-M-46993 46993-2025 - -3- In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and te with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and coopera when required by the Investigating Officer and coopera the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner ection shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under S shall also abide by the conditions as envisaged under S 482(2) of BNSS, 2023.” 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of .2025 passed by this Court, the petitioner has joined the the order dated 11.09.2025 passed by this Court, the petitioner has joined the .2025 passed by this Court, the petitioner has joined the the order dated investigation. investigation. 4. Learned counsel for the State, on instructions from Learned counsel for t Gurmej he State, on instructions from SI Gurmej , has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. longer required for further investigation. 5. In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the interim order dated 11.09.2025 is made absolute. The petition interim order dated er shall continue .2025 is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall 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. also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. 17.11.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No speaking/reasoned? Yes/No ii) Whether reportable? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.11.20 10:16 I attest to the accuracy and authenticity of this document.