The High Court
Case Details
IN THE THE HIGH COURT OF PUNJAB CHANDIGARH AT CHANDIGARH PUNJAB & HARYANA 213 CRM-M-62298 Date of decision: 62298-2025(O&M) decision: 12.11.2025 Navin @ Naveen Naveen Haryana State of Haryana VERSUS ...Petitioner ...Respondent CORAM : HON'BLE HON'BLE MR. JUSTICE VINOD VINOD S. BHARDWAJ Present :- Mr. petitioner. Mr. D.S. Matya, Advocate, for the petitioner. Haryana. Ms. Chhavi Sharma, Astt. AG, Haryana. Ms. V.C.) Mr. Ankit, Advocate ( through V.C.) Mr. for the complainant. ***** VINOD S. BHARDWAJ BHARDWAJ, J. (Oral)
Facts
The instant first petition has been filed The filed under Section 483 of the Bharatiya Nagarik Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case case bearing FIR No.200 dated 12.07.2025 12.07.2025 registered under Sections 110, 118(1), 118(1), 118(2), 126 and 351(3 351(3) of the Bharatiya Nyaya Sanhita, 2023 at at Police Station DLF Phase-3, District District Gurugram. 2. Briefly stated, the case of the prosecution Briefly prosecution is that the present FIR was registered on on the basis of a statement made made by the complainant, Rocky, who reported that that on 09.07.2025, he along with with his friends was celebrating the birthday of his his friend Monu at the residence residence of Ricky @ Monu. Around 10:00 PM, the petitioner arrived at the spot on on a Bullet motorcycle and began abusing Neeraj and Bharat, friends of the complainant. When the attempted complainant attempted to intervene, the petitioner petitioner allegedly started quarreling with him, delivering a fist blow to his his right eye and inflicting an injury on his face face with a sharp-edged weapon, resulting resulting in lacerations to his lips and additional onal injuries to his chest. The complainant complainant was initially taken to Narayana Hospital, Hospital, which refused admission, admission, and was thereafter shifted to SUMIT SINGH GUSAIN 2025.11.13 18:39 I attest to the accuracy and integrity of this document 213 CRM-M-62298-2025(O&M) CRM 2 Medanta Hospital Hospital for treatment. During the course of investigation, the petitioner was arrested, and upon completio completion of the investigation, a challan/report under under Section 173 Cr.P.C. was filed by the Station House Officer, Police Station Gurugram. Station DLF Phase-III, Gurugram. 3.
Legal Reasoning
appear, prima facie, to be the result of fist blows blows rather than any sharp-edged edged instrument. No injury has been attributed to the alleged use of the recovered recovered kitchen knife.Learned counsel thus submits submits that, at best, the facts may may disclose an offence under Section 118(2) of the Bharatiya Nyaya Sanhita, Sanhita, 2023, and that an offence SUMIT SINGH GUSAIN 2025.11.13 18:39 I attest to the accuracy and integrity of this document 213 CRM-M-62298-2025(O&M) CRM 3 under Section 110 110 BNS is not made out. He further further submits that apart from Section 110, the the remaining offences alleged are bailable in nature. 5. Learned State Counsel as well Learned well as the counsel for the complainant on the other hand contend that the petitioner is having criminal antecedents and is involved in multiple cases. They They further contend that as a result of the eye eye injury, the complainant has has suffered a loss of vision. However, they do do not dispute the period of custody custody of the petitioner. 6. I have have heard learned counsel for the the respective parties and have gone through the the documents appended along with with the present petition. 7. Taking Taking into consideration the totality of the circumstancesincluding the submissions made on circumstancesincluding on behalf of the petitioner that none of the injuries injuries sustained by the complainant complainant are attributable to the alleged knife recovered, recovered, and that the applicability applicability of Section 110 of the Bharatiya Nyaya Nyaya Sanhita, 2023 itself appears to to be an arguable issuealong with the period of custody already undergone and and bearing in mind that the investigation stands stands concluded, and the trial is yet to commence, I deem it appropriate to allow allow the present petition. 8. Accordingly, the instant petition is Accordingly, allowed and the petitioner is ordered to be admitted admitted to regular bail subject to his furnishing bail/surety bonds to the satisfaction satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned. 9. It is is made clear that the petitioner petitioner shall not extend any threat and shall not influence influence any prosecution witness witness in any manner directly or indirectly. SUMIT SINGH GUSAIN 2025.11.13 18:39 I attest to the accuracy and integrity of this document 10. The observation made hereinabove The hereinabove shall not be construed as an 213 CRM-M-62298-2025(O&M) CRM 4 expression on the the merits of the case and the trial trial Court shall decide the case on the basis of a available material. 11. Pending application(s), if any, shall Pending
Arguments
Learned counsel appearing on behalf Learned behalf of the petitioner contends that the petitioner petitioner is in custody since 23.07.2025. .07.2025. The investigation in the present case is already complete and the final final report has been filed. He further contends contends that as per the medico legal report report there are three injuries that have been reported on the person of the complainant. The same are tabulated as under; under;- Particulars of total body injuries marked Particulars marked on above image: Sr. No. Injury Details Sr. Injury Number 1 2 3 EYE RIGHT BLUNT TRAUMA EYE 1 LIP LACERATION AROUND UPPER LIP AROUND 4 CM OVER 2 1 CM LACERATION OVER CHEST OVER RIGHT 3 4. It is is contended that although the respondents claim to have recovered a kitchen kitchen knife from the petitioner, petitioner, the injuries alleged by the complainant do not correspond to the use of such such a weapon. The injury to the eye is specifically specifically attributed to a punch blow, blow, while the lacerations on the upper lip and and the right side of the chest also appear,
Decision
shall stand disposed of. 12.11.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD JUDGE speaking/reasoned Whether speaking/reasoned reportable Whether reportable : : Yes/No Yes/No SUMIT SINGH GUSAIN 2025.11.13 18:39 I attest to the accuracy and integrity of this document