The High Court
Case Details
CRM-M-58258 58258-2025 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- 206 SADDAM CRM CRM-M-58258-2025 Date of decision: 21.11.2025 Date of decision: HARYANA STATE OF HARYANA Versus Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Mr. Tejasvi Sheokand, Advocate for the petitioner. for the petitioner. Mr. Mohit Chaudhary, AAG, Haryana. Mr. Mohit Chaudhary, AAG, Haryana. Mr. Mohit Chaudhary, AAG, Haryana. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 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.111 dated 10.08.2025 registered under seeks anticipatory bail in case FIR No.111 dated 10.08.2025 registered under FIR No.111 dated 10.08.2025 registered under seeks anticipatory bail in case 109(1), 238(b) and 61(2) of the Sections 115, 190, 191(3), 324(4), 351(3), 109(1), 238(b) and 61(2) of the 109(1), 238(b) and 61(2) of the Sections 115, 190, 191(3), 324(4), 351(3), Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, District Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, District Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, District Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, District Yamuna Nagar. Yamuna Nagar 2. On 15.10.2025, following order had been passed: On .2025, following order had been passed: - “CRM-41598-2025 “ Application is allowed, as prayed for. Application is allowed, as prayed for. Main Case Main Case Prayer in the present petition filed under Section 482 of Prayer in the present petition filed under Section 482 of Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner the BNSS, 2023 is for grant of anticipatory bail to the petitioner the BNSS, 2023 is for grant of anticipatory bail to the petitioner the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.111 dated 10.08.2025 registered under Sections in case FIR No.111 dated 10.08.2025 registered under Sections in case FIR No.111 dated 10.08.2025 registered under Sections in case FIR No.111 dated 10.08.2025 registered under Sections 115, 190, 191(3), 324(4), 351(3), 109(1), 238(b) and 61(2) of the 115, 190, 191(3), 324(4), 351(3), 109(1), 238(b) and 61(2) of the 115, 190, 191(3), 324(4), 351(3), 109(1), 238(b) and 61(2) of the 115, 190, 191(3), 324(4), 351(3), 109(1), 238(b) and 61(2) of the GURPREET 2025.11.28 12:42 I attest to the accuracy and authenticity of this document. CRM-M-58258 58258-2025 - -2- Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, Bharatiya Nyaya Sanhita, 2023, at Police Station Pratap Nagar, District Yamuna Nagar. District Yamuna Nagar 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 other co complainant and other persons with an intention to kill. complainant and other persons with an intent complainant and other persons with an intent 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 and he petitioner has been falsely implicated in the present case and he petitioner has been falsely implicated in the present case and he petitioner has been falsely implicated in the present case and he has no concern with the said incident. She argued that the has no concern with the said incident. She argued that the has no concern with the said incident. She argued that the has no concern with the said incident. She argued that the petitioner was not present at the spot and the FIR suffers from petitioner was not present at the spot and the FIR suffers from petitioner was not present at the spot and the FIR suffers from petitioner was not present at the spot and the FIR suffers from ontradictions and probabilities. The alleged second occurrence contradictions and probabilities. The alleged second occurrence ontradictions and probabilities. The alleged second occurrence ontradictions and probabilities. The alleged second occurrence has not been corroborated by the medico legal report, which has not been corroborated by the medico legal report, which has not been corroborated by the medico legal report, which has not been corroborated by the medico legal report, which itself shows falsity of the allegations levelled against the itself shows falsity of the allegations levelled against the itself shows falsity of the allegations levelled against the itself shows falsity of the allegations levelled against the petitioner in the FIR. Even if the contents of the FIR are taken to petitioner in the FIR. Even if the contents of the FIR are taken to petitioner in the FIR. Even if the contents of the FIR are taken to petitioner in the FIR. Even if the contents of the FIR are taken to rue, then no specific injury has been attributed to the present be true, then no specific injury has been attributed to the present rue, then no specific injury has been attributed to the present be t petitioner. Moreover, the petitioner has clean antecedents as he petitioner. Moreover, the petitioner has clean antecedents as he petitioner. Moreover, the petitioner has clean antecedents as he petitioner. Moreover, the petitioner has clean antecedents as he is not involved in any other case. No recovery is to be effected is not involved in any other case. No recovery is to be effected is not involved in any other case. No recovery is to be effected is not involved in any other case. No recovery is to be effected accused Manvar and Rashid, from the petitioner. Further, co-accused Manvar and Rashid, from the petitioner. Further, co from the petitioner. Further, co o were on similar footing with the petitioner, have already who were on similar footing with the petitioner, have already o were on similar footing with the petitioner, have already wh the concession of bail by the learned Sessions been granted the concession of bail by the learned Sessions the concession of bail by the learned Sessions been granted - Judge, Yamuna Nagar, vide order dated 24.09.2025 and co Judge, Yamuna Nagar, vide order dated 24.09.2025 and co- Judge, Yamuna Nagar, vide order dated 24.09.2025 and co accused Rakib, Mehtab Ali and Salman Khan, have also been accused Rakib, Mehtab Ali and Salman Khan, have also been accused Rakib, Mehtab Ali and Salman Khan, have also been accused Rakib, Mehtab Ali and Salman Khan, have also been of anticipatory bail by the learned granted the concession of anticipatory bail by the learned of anticipatory bail by the learned granted the concession Sessions Judge, Yamuna Nagar, vide order dated 06.10.2025. Sessions Judge, Yamuna Nagar, vide order dated 06.10.2025. Sessions Judge, Yamuna Nagar, vide order dated 06.10.2025. Sessions Judge, Yamuna Nagar, vide order dated 06.10.2025. She further submitted She further submitted She further submitted She further submitted that the matter has already been that the matter has already been that the matter has already been that the matter has already been compromised between the parties. Learned counsel has further compromised between the parties. Learned counsel has further compromised between the parties. Learned counsel has further compromised between the parties. Learned counsel has further illing to join the submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and w submitted that the petitioner is ready and w investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigating agency. investigating agency. Notice of motion. On asking of the Court, Mr. Mohit Chaudhary, AAG, On asking of the Court, Mr. Mohit Chaudhary, AAG, On asking of the Court, Mr. Mohit Chaudhary, AAG, State and seeks Haryana, accepts notice on behalf of respondent-State and seeks Haryana, accepts notice on behalf of respondent Haryana, accepts notice on behalf of respondent n the matter. time to file status report in the matter. time to file status report i Adjourned to 14.11.2025. GURPREET 2025.11.28 12:42 I attest to the accuracy and authenticity of this document. CRM-M-58258 58258-2025 - -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 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 event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the the Investigating Agency. In 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 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 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. d counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of d counsel for the petitioner submits that in compliance of Learne .2025 passed by this Court, the petitioner has joined the the order dated 15.10.2025 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 Learned counsel for Learned counsel for Learned counsel for the State, on the State, on the State, on the State, on instructions from SI instructions from SI instructions from SI instructions from SI Charanjeet, has submitted that the petitio ner has joined the investigation and , has submitted that the petitioner has joined the investigation and ner has joined the investigation and is no longer required for further investigation. is no 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 .2025 is made absolute. The petitioner shall continue interim order dated 15.10.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall and when called by the Investigating Officer and shall to join investigation, as 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. 21.11.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.11.28 12:42 I attest to the accuracy and authenticity of this document.