The High Court
Case Details
CRM-M-56912 56912-2025 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- 208 AJAY BHATI AJAY BHATI CRM CRM-M-56912-2025 Date of decision: 05.12.2025 Date of decision: 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 Mr. Gautam Dutt, Sr. Advocate with Present:- Mr. Gautam Dutt, Sr. Advocate with Mr. Gautam Dutt, Sr. Advocate with Mr. Sourabh Sharma, Advocate, Mr. Sourabh Sharma, Advocate, for the petitioner. for the petitioner. Mr. Mohit Chaudhary, AAG, Haryana. Mr. Mohit Chaudhary, AAG, Haryana. Mr. Mohit Chaudhary, AAG, Haryana. Mr. Jagjot Singh, Advocate Mr. Jagjot Singh, Advocate for the complainant. for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the 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.264 dated 11.09.2025 registered under seeks anticipatory bail in case FIR No.264 dated 11.09.2025 registered under FIR No.264 dated 11.09.2025 registered under seeks anticipatory bail in case and 110 of the Bharatiya Nyaya Sanhita, 2023 Sections 351(2), 333, 304, 115 and 110 of the Bharatiya Nyaya Sanhita, 2023 and 110 of the Bharatiya Nyaya Sanhita, 2023 Sections 351(2), 333, 304, 115 (Sections 61 and 117 of BNS added later on), at Police Station Adarsh Nagar, (Sections 61 and 117 of BNS added later on), at Police Station Adarsh Nagar, (Sections 61 and 117 of BNS added later on), at Police Station Adarsh Nagar, (Sections 61 and 117 of BNS added later on), at Police Station Adarsh Nagar, District Faridabad. District Faridabad 2. On 09.10.2025, following order was On was passed: - Prayer in the present petition filed under Section 482 of the “Prayer in the present petition filed under Section 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.264 dated 11.09.2025 registered under Sections case FIR No.264 dated 11.09.2025 registered under Sections case FIR No.264 dated 11.09.2025 registered under Sections case FIR No.264 dated 11.09.2025 registered under Sections 351(2), 333, 304, 115 and 110 of the Bharatiya Nyaya Sanhita, 351(2), 333, 304, 115 and 110 of the Bharatiya Nyaya Sanhita, 351(2), 333, 304, 115 and 110 of the Bharatiya Nyaya Sanhita, GURPREET 2025.12.08 17:59 I attest to the accuracy and authenticity of this document. CRM-M-56912 56912-2025 - -2- 023 (Sections 61 and 117 of BNS added later on), at Police 2023 (Sections 61 and 117 of BNS added later on), at Police 023 (Sections 61 and 117 of BNS added later on), at Police 2 Station Adarsh Nagar, District Faridabad. Station Adarsh Nagar, District Faridabad. Station Adarsh Nagar, District Faridabad. Brief facts as per the prosecution case are that the Brief facts as per the prosecution case are that the Brief facts as per the prosecution case are that the accused hatched criminal petitioner in connivance with other co-accused hatched criminal petitioner in connivance with other co petitioner in connivance with other co n the injured Laxman conspiracy to make murderous assault on the injured Laxman conspiracy to make murderous assault o conspiracy to make murderous assault o (son of the complainant), in order to pressurize him to sell his (son of the complainant), in order to pressurize him to sell his (son of the complainant), in order to pressurize him to sell his (son of the complainant), in order to pressurize him to sell his plot to him. plot to him. Learned senior counsel appearing for the petitioner Learned senior counsel appearing for the petitioner Learned senior counsel appearing for the petitioner contends that the petitioner has been falsely implicated in the contends that the petitioner has been falsely implicated in the contends that the petitioner has been falsely implicated in the contends that the petitioner has been falsely implicated in the er was intentionally present case. He argued that the petitioner was intentionally present case. He argued that the petition present case. He argued that the petition named in the FIR though he was not present at the spot and this named in the FIR though he was not present at the spot and this named in the FIR though he was not present at the spot and this named in the FIR though he was not present at the spot and this fact has also been verified by the CCTV footage. He submits that fact has also been verified by the CCTV footage. He submits that fact has also been verified by the CCTV footage. He submits that fact has also been verified by the CCTV footage. He submits that at the time of alleged incident, he was at the building of M/s RR at the time of alleged incident, he was at the building of M/s RR at the time of alleged incident, he was at the building of M/s RR at the time of alleged incident, he was at the building of M/s RR m the spot and as such, Autotech Pvt. Ltd. which is far away from the spot and as such, Autotech Pvt. Ltd. which is far away fro Autotech Pvt. Ltd. which is far away fro he has no concern with the said incident. He further argued that he has no concern with the said incident. He further argued that he has no concern with the said incident. He further argued that he has no concern with the said incident. He further argued that if the contents of the FIR are taken to be true, even then no if the contents of the FIR are taken to be true, even then no if the contents of the FIR are taken to be true, even then no if the contents of the FIR are taken to be true, even then no specific role has been attributed to the present petitioner. He specific role has been attributed to the present petitioner. He specific role has been attributed to the present petitioner. He specific role has been attributed to the present petitioner. He e took place on further argued that the alleged occurrence took place on further argued that the alleged occurrenc further argued that the alleged occurrenc 10.09.2025 at around 12.00 noon but the FIR in question was 10.09.2025 at around 12.00 noon but the FIR in question was 10.09.2025 at around 12.00 noon but the FIR in question was 10.09.2025 at around 12.00 noon but the FIR in question was registered on 11.09.2025 i.e. after a delay of 01 day. Further, all registered on 11.09.2025 i.e. after a delay of 01 day. Further, all registered on 11.09.2025 i.e. after a delay of 01 day. Further, all registered on 11.09.2025 i.e. after a delay of 01 day. Further, all vital the injuries sustained by injured-Laxman are on his non-vital the injuries sustained by injured the injuries sustained by injured d at all. parts and thus, Section 110 of BNS is not attracted at all. parts and thus, Section 110 of BNS is not attracte parts and thus, Section 110 of BNS is not attracte petitioner is Learned counsel has further submitted that the petitioner is Learned counsel has further submitted that the Learned counsel has further submitted that the 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. Notice of motion. On asking of the Court, Mr. Neeraj Sheoran, Sr. DAG, On asking of the Court, Mr. Neeraj Sheoran, Sr. DAG, On asking of the Court, Mr. Neeraj Sheoran, Sr. DAG, Haryana, accepts notice on behalf of respondent Haryana State and seeks , accepts notice on behalf of respondent-State and seeks time to file status report in the matter. time to file status report in the matter. time to file status report in the matter. At this stage, Mr. Pardeep Panwar, Advocate has put in At this stage, Mr. Pardeep Panwar, Advocate has put in At this stage, Mr. Pardeep Panwar, Advocate has put in appearance on behalf of appearance on behalf of appearance on behalf of appearance on behalf of the complainant and the complainant and the complainant and the complainant and filed his filed his filed his filed his hile opposing Vakalatnama, which is taken on record and he, while opposing Vakalatnama, which is taken on record and he, w Vakalatnama, which is taken on record and he, w the petition for anticipatory bail, has contended that the the petition for anticipatory bail, has contended that the the petition for anticipatory bail, has contended that the GURPREET 2025.12.08 17:59 I attest to the accuracy and authenticity of this document. CRM-M-56912 56912-2025 petitioner has played an active role in the crime and, thus, does petitioner has played an active role in the crime and, thus, does petitioner has played an active role in the crime and, thus, does petitioner has played an active role in the crime and, thus, does - -3- not deserve the concession of bail. not deserve the concession of bail. not deserve the concession of bail. Adjourned to 03.11.2025. join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to 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 when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with 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 he admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to t admitted to interim bail on furnishing of bail/surety bonds to t 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 shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section 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 by this Court, the petitioner has joined the the order dated 09.10.2025 passed by this Court, the petitioner has joined the by this Court, the petitioner has joined the the order dated investigation. investigation. 4. Ravi Learned counsel for the State, on instructions from ASI Ravi Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from ASI , has submitted that the petitioner has joined the investigation and is no Kumar, 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. n view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the n view of the statement made by learned State counsel, the n view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall continue interim order dated 09.10.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated 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 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 05.12.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.08 17:59 I attest to the accuracy and authenticity of this document.