17.11.2025 HARYANA STATE OF HARYANA v. …
Case Details
CRM-M-42687 42687-2025 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- 302 NAIB SINGH NAIB SINGH CRM CRM-M-62223-2025 Date of decision: 17.11.2025 Date of decision: 17.11.2025 HARYANA STATE OF HARYANA Versus ….Petitioner ….Petitioner ....Respondent ....Respondent CORAM:- HON'BLE
Legal Reasoning
MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Namit Khurana, Advocate for the petitioner. Present:- Mr. Namit Khurana, 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, under Sections seeks anticipatory bail in case FIR No.91 dated 09.05.2025, under Sections FIR No.91 dated 09.05.2025, under Sections seeks anticipatory bail in , (Section 109(1) later 115, 126, 190, 191(3), 351(2), 118 (2), 110 & 117 (2), (Section 109(1) later 115, 126, 190, 191(3), 351(2), 118 (2), 110 & 117 (2) 115, 126, 190, 191(3), 351(2), 118 (2), 110 & 117 (2) on deleted) of BNS, 2023 registered at Police Station Chhachhrauli, District on deleted) of BNS, 2023 registered at Police Station Chhachhrauli, District on deleted) of BNS, 2023 registered at Police Station Chhachhrauli, District on deleted) of BNS, 2023 registered at Police Station Chhachhrauli, District Yamuna Nagar. Yamuna Nagar 2. On 06.11.2025, following order had been passed: On .2025, following order had been passed: - The present petition has been filed under Section 482 of the “The present petition has been filed under Section 482 of the The present petition has been filed under Section 482 of the “ arrest bail to the petitioner in case BNSS, 2023 for grant of pre-arrest bail to the petitioner in case arrest bail to the petitioner in case BNSS, 2023 for grant of bearing FIR No.91 dated 09.05.2025, under Sections 115, 126, bearing FIR No.91 dated 09.05.2025, under Sections 115, 126, bearing FIR No.91 dated 09.05.2025, under Sections 115, 126, bearing FIR No.91 dated 09.05.2025, under Sections 115, 126, 190, 191(3), 351(2), 118 (2), 110 & 117 (2), (Section 109(1) 190, 191(3), 351(2), 118 (2), 110 & 117 (2), (Section 109(1) 190, 191(3), 351(2), 118 (2), 110 & 117 (2), (Section 109(1) 190, 191(3), 351(2), 118 (2), 110 & 117 (2), (Section 109(1) later on deleted) of BNS, 2023 registered at Police Station later on deleted) of BNS, 2023 registered at Police Station later on deleted) of BNS, 2023 registered at Police Station later on deleted) of BNS, 2023 registered at Police Station GURPREET 2025.11.20 19:08 I attest to the accuracy and authenticity of this document. Chhachhrauli, District Yamuna Nagar. Chhachhrauli, District Yamuna Na Chhachhrauli, District Yamuna Na CRM-M-42687 42687-2025 - -2- Learned counsel appearing on behalf of the petitioner Learned counsel appearing on behalf of the petitioner Learned counsel appearing on behalf of the petitioner inter alia contends that the dispute at hand is a case of version inter alia contends that the dispute at hand is a case of version inter alia contends that the dispute at hand is a case of version inter alia contends that the dispute at hand is a case of version version and the complainant and the accused belong and cross-version and the complainant and the accused belong version and the complainant and the accused belong and cross to different villages and it is alleged they had arrived at the fields to different villages and it is alleged they had arrived at the fields to different villages and it is alleged they had arrived at the fields to different villages and it is alleged they had arrived at the fields he complainant to attack him. The incident in question of the complainant to attack him. The incident in question he complainant to attack him. The incident in question of t happened near the house of the petitioner that the issue as to happened near the house of the petitioner that the issue as to happened near the house of the petitioner that the issue as to happened near the house of the petitioner that the issue as to whether the injury caused by the petitioner was inflicted in whether the injury caused by the petitioner was inflicted in whether the injury caused by the petitioner was inflicted in whether the injury caused by the petitioner was inflicted in exercise of his right to self defence or not is to be determined at exercise of his right to self defence or not is to be determined at exercise of his right to self defence or not is to be determined at exercise of his right to self defence or not is to be determined at of trial. He contends that the petitioner is not involved the stage of trial. He contends that the petitioner is not involved of trial. He contends that the petitioner is not involved the stage in any other case and that other similarly placed persons have in any other case and that other similarly placed persons have in any other case and that other similarly placed persons have in any other case and that other similarly placed persons have already been granted concession of interim bail vide orders already been granted concession of interim bail vide orders already been granted concession of interim bail vide orders already been granted concession of interim bail vide orders 2025 and 14.10.2025 dated 11.09.2025 passed in CRM-M-46993-2025 and 14.10.2025 dated 11.09.2025 passed in CRM dated 11.09.2025 passed in CRM 2025. Counsel for the petitioner passed in CRM-M-42687-2025. Counsel for the petitioner 2025. Counsel for the petitioner passed in CRM further contends that the petitioner is attributed a simple injury further contends that the petitioner is attributed a simple injury further contends that the petitioner is attributed a simple injury further contends that the petitioner is attributed a simple injury on the right arm and he is ready and willing to join the on the right arm and he is ready and willing to join the on the right arm and he is ready and willing to join the on the right arm and he is ready and willing to join the investigation as and when so required. investigation as and when so required. investigation as and when so required. Notice of motion. ana appears and Dr. (Ms.) Malvika Singh, DAG, Haryana appears and Dr. (Ms.) Malvika Singh, DAG, Hary accept notice on behalf of respondent-State. accept notice on behalf of respondent accept notice on behalf of respondent Mr. Aditya Sanghi, Advocate appears on behalf of the Mr. Aditya Sanghi, Advocate appears on behalf of the Mr. Aditya Sanghi, Advocate appears on behalf of the complainant and files his Power of attorney in the Court today complainant and files his Power of attorney in the Court today complainant and files his Power of attorney in the Court today complainant and files his Power of attorney in the Court today and the same is taken on record. and the same is taken on record. Registry is directed to tag the same at appropriate place. Registry is directed to tag the same at appr To come up on 14.11.2025, for further consideration. To come up on 14.11.2025, for further consideration. 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 as and when required by the Investigating Agency. investigation as and when required by the Investigating Agency. investigation as and when required by the Investigating Agency. investigation as and when required by the Investigating Agency. In the event of petitioner joining investigation, he shall be In the event of petitioner joining investigation, he shall be In the event of petitioner joining investigation, he shall be In the event of petitioner joining investigation, he shall be to interim bail by the arresting officer/investigating admitted to interim bail by the arresting officer/investigating to interim bail by the arresting officer/investigating admitted officer on furnishing of bail bonds by him to the satisfaction of officer on furnishing of bail bonds by him to the satisfaction of officer on furnishing of bail bonds by him to the satisfaction of officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner shall the arresting officer/investigating officer. The petitioner shall the arresting officer/investigating officer. The petitioner shall the arresting officer/investigating officer. The petitioner shall also abide by the conditions as specified under Section 482 of the also abide by the conditions as specified under Section 482 of the also abide by the conditions as specified under Section 482 of the also abide by the conditions as specified under Section 482 of the BNSS, 2023.” B GURPREET 2025.11.20 19:08 I attest to the accuracy and authenticity of this document. CRM-M-42687 42687-2025 - -3- 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 06.11.2025 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 06.11.2025 is made absolute. The petitioner shall conti interim order dated nue .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 i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.11.20 19:08 I attest to the accuracy and authenticity of this document.