The High Court
Case Details
CRM-M-52296 52296-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH 304 AZAD SINGH AZAD SINGH CRM-M-52296-2025 (O&M) Date of decision: 28.10.2025 .... Petitioner Versus STATE OF HARYANA STATE OF .... Respondent CORAM:
Legal Reasoning
AMAN CHAUDHARY HON’BLE MR. JUSTICE AMAN CHAUDHARY Present: Advocate Mr. Vinay Kumar Pandey, Advocate for the petitioner. Mr. B.S. Saroha, DAG Haryana. Mr. B.S. Saroha, DAG Haryana ------ AMAN CHAUDHARY, J. (ORAL) AMAN CHAUDHARY 1. been filed by the petitioner under The present petition has been filed by the petitioner under been filed by the petitioner under seeking the Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 .2025, concession of anticipatory bail in case of FIR No. 0117, dated 16.07.2025, concession of anticipatory bail in case of FIR No. concession of anticipatory bail in case of FIR No. 190, 191(3), 115, 351(2), 324(2), 287, 126(2) 238 registered under Sections 190, 191(3), 115, 351(2), 324(2), 287, 126(2) 238 190, 191(3), 115, 351(2), 324(2), 287, 126(2) 238 registered under Sections nd 117(2) of the Bharatiya Nyaya Sanhita, 2023 and 117(2) 25 of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, 1959, at Police Station Bichhor, District Arms Act, 1959 District Nuh. 2. On 17.09.2025, this Court had passed the following order: this Court had passed the following order:- “ Learned counsel contends that the petitioner has been Learned counsel contends that the petitioner has been Learned counsel contends that the petitioner has been attributed simple injury and that too not aimed at one attributed simple injury and that too not aimed at one attributed simple injury and that too not aimed at one version who received it. It is a case of version and cross-version who received it. It is a case of version and cross where the complainant herein has been, vide FIR where the complainant herein has been, vide FIR where the complainant herein has been, vide FIR No.124 dated 01.08.2015, Annexure P-2, attributed 2, attributed No.124 dated 01.08.2015, Annexure P ade to the grievous injury to one Meera, reference is made to the grievous injury to one Meera, reference is m MLR, Annexure P-6. Co accused, Rahul has since been 6. Co-accused, Rahul has since been enlarged on bail, vide order dated 22.08.2025, Annexure enlarged on bail, vide order dated 22.08.2025, Annexure enlarged on bail, vide order dated 22.08.2025, Annexure 8. The petitioner has been falsely implicated in the 8. The petitioner has been falsely implicated in the P-8. The petitioner has been falsely implicated in the . present case on account of party faction in the villlage present case on account of party faction in the villlage. HIMANSHU 2025.10.29 19:23 I attest to the accuracy and integrity of this document CRM-M-52296 52296-2025 (O&M) 2 He is ready and willing to join the investigation as and He is ready and willing to join the investigation as and when required by the investigating agency and will when required by the investigating agency and will when required by the investigating agency and will cooperate. Notice of motion. B.S. Saroha, DAG, At the asking of the Court, Mr. B.S. Saroha, DAG, At the asking of the Court, Mr. Haryana accepts notice on behalf of respondent State. accepts notice on behalf of respondent-State. Ms. Rosi, Advocate, appears and files her power of Ms. Rosi, Advocate, appears and files her power of Ms. Rosi, Advocate, appears and files her power of attorney on behalf of the complainant, which is taken on attorney on behalf of the complainant, which is taken on attorney on behalf of the complainant, which is taken on record. Meanwhile, the petitioner is directed to join the Meanwhile, the petitioner is directed to join the Meanwhile, the petitioner is directed to join the .09.2025. In the event of investigation on or before 29.09.2025. In the event of investigation on or before ed on interim bail to the his arrest, he shall be released on interim bail to the his arrest, he shall be releas satisfaction of to to satisfaction of to satisfaction of compliance of conditions as enshrined under Section compliance of conditions as enshrined under Section compliance of conditions as enshrined under Section 482(2) of BNSS, 2023. However, it is clarified that if the petitioner does not However, it is clarified that if the petitioner does not However, it is clarified that if the petitioner does not as join and cooperate with the Investigating Agency as join and cooperate with the Investigating Agency required by the Arresting/Investigating Officer, this required by the Arresting/Investigating Officer, this required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated. interim order shall be deemed to have been vacated. Adjourned to 28.10.2025.” Adjourned to 28.10.2025. the Arresting Officer, subject the Arresting Officer, subject the Arresting Officer, subject 3. - Learned counsel submits that in pursuance of the afore Learned counsel submits that in pursuance of the afore- investigation but also mentioned order, the petitioner has not only joined investigation but also mentioned order, the petitioner has not only joined mentioned order, the petitioner has not only joined fully cooperated with the investigating agency. He further submits that in fully cooperated with the investigating agency. He further submits that in fully cooperated with the investigating agency. He further submits that in fully cooperated with the investigating agency. He further submits that in to appear, he shall case the investigating agency requires the petitioner to appear, he shall case the investigating agency requires the petitioner case the investigating agency requires the petitioner make himself available without demur. make himself available without demur. 4. affirms the factum of Learned State counsel on instructions affirms the factum of Learned State counsel on instructions and cooperating with the joining the investigation by the petitioner and cooperating with the joining the investigation by the petitioner joining the investigation by the petitioner is not investigating agency. He also submits that at this stage, the petitioner is not investigating agency. He also submits that at this stage, the petitioner investigating agency. He also submits that at this stage, the petitioner required for further custodial interrogation. required for further custodial interrogation. 5. pressing any opinion on In view of the above and without expressing any opinion on In view of the above and without ex merits of the case, anticipatory bail petition filed by the petitioner is the merits of the case, anticipatory bail petition filed by the petitioner is merits of the case, anticipatory bail petition filed by the petitioner is merits of the case, anticipatory bail petition filed by the petitioner is granting interim bail to him, is allowed and the order dated 17.09.2025 granting interim bail to him, is granting interim bail to him, is allowed and the order dated hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified under Section on 482(2) of BNSS, 2023. HIMANSHU 2025.10.29 19:23 I attest to the accuracy and integrity of this document CRM-M-52296 52296-2025 (O&M) 3 6. However, it is made clear that if the petitioner fails to join and However, it is made clear that if the petitioner fails to join and However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present anticipatory bail granted to him. anticipatory (AMAN CHAUDHARY AMAN CHAUDHARY) JUDGE 28.10.2025 himanshu Whether speaking/reasoned: Whether reportable: Yes/No Yes/No HIMANSHU 2025.10.29 19:23 I attest to the accuracy and integrity of this document