SHYAMVIRI ALIAS SHYAM BIRI AND ANOTHER v. STATE OF HARYANA
Case at a glance
- Decided
- 12 Jan 2026
- Bench
- RUPINDERJIT CHAHAL
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 482, 482(2)
- Bharatiya Nyaya Sanhita, 2023 ss. 109(1), 115, 117(2), 190, 191(2), 351(3)
Judgment
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- , Advocate Mr. Shashikant Singh, Advocate for the petitioners. Ms. Shaveta Sanghi, DAG, Haryana. Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)
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 Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.242 dated 09.09.2025, petitioner seeks anticipatory bail in case FIR No.242 dated 09.09.2025, FIR No.242 dated 09.09.2025, petitioner seeks anticipatory bail in case 2023 (Sections registered under Sections 115, 190, 191(2), 351(3) of BNS, 2023 (Sections registered under Sections 115, 190, 191(2), 351(3) of BNS, registered under Sections 115, 190, 191(2), 351(3) of BNS, 109(1) and 117(2) of BNS, 2023 added later on), at Police Station Hatin, 109(1) and 117(2) of BNS, 2023 added later on), at Police Station Hatin, 109(1) and 117(2) of BNS, 2023 added later on), at Police Station Hatin, 109(1) and 117(2) of BNS, 2023 added later on), at Police Station Hatin, District Palwal. District Palwal
On 22.12.2025, following order .2025, following order 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 bail to the petitioners in BNSS, 2023 is for grant of anticipatory bail to the petitioners in BNSS, 2023 is for grant of anticipatory case FIR No.242 dated 09.09.2025, registered under Sections case FIR No.242 dated 09.09.2025, registered under Sections case FIR No.242 dated 09.09.2025, registered under Sections 115, 190, 191(2), 351(3) of BNS, 2023 (Sections 109(1) and 115, 190, 191(2), 351(3) of BNS, 2023 (Sections 109(1) and 115, 190, 191(2), 351(3) of BNS, 2023 (Sections 109(1) and 117(2) of BNS, 2023 added later on), at Police Station Hatin, 117(2) of BNS, 2023 added later on), at Police Station Hatin, 117(2) of BNS, 2023 added later on), at Police Station Hatin, District Palwal.
GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document. CRM-M-72511 72511-2025 - -2- 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, armed with sticks, axe, sirpa, petitioners along with co-accused, armed with sticks, axe, sirpa, accused, armed with sticks, axe, sirpa, petitioners along with co wired stick, iron rod etc. abused and caused injuries to the wired stick, iron rod etc. abused and caused injuries to the wired stick, iron rod etc. abused and caused injuries to the complainant party. Hence the present FIR. complainant party. Hence the present FIR. Learned counsel for the petitioners contends that the Learned counsel for the petitioners contends that the Learned counsel for the petitioners contends that the itioners are household petitioners are household itioners are household ladies and have been ladies and have been ladies and have been falsely falsely falsely implicated in the present case as they have no concern with the implicated in the present case as they have no concern with the implicated in the present case as they have no concern with the said incident.
He further contends that no specific injury has said incident. He further contends that no specific injury has said incident. He further contends that no specific injury has been attributed to the petitioners. The injury dangerous to life been attributed to the petitioners. The injury dangerous to life been attributed to the petitioners. The injury dangerous to life en caused on the head of Prabhu Dayal, has been which had been caused on the head of Prabhu Dayal, has been en caused on the head of Prabhu Dayal, has been accused Deshraj. Learned counsel contends attributed to co-accused Deshraj. Learned counsel contends accused Deshraj. Learned counsel contends that if prosecution version is believed even then the only that if prosecution version is believed even then the only that if prosecution version is believed even then the only allegation against the petitioners is that they caused injuries to allegation against the petitioners is that they caused injuries to allegation against the petitioners is that they caused injuries to is no medico legal report on record to Jagwati for which there is no medico legal report on record to is no medico legal report on record to connect the petitioners with the said offence.
He further submits connect the petitioners with the said offence. He further submits connect the petitioners with the said offence. He further submits that the allegation that the petitioners tried to snatch the that the allegation that the petitioners tried to snatch the that the allegation that the petitioners tried to snatch the Mangalsutra and earings of Jagwati has also been found to be Mangalsutra and earings of Jagwati has also been found to be Mangalsutra and earings of Jagwati has also been found to be ubmitted that the petitioners are false. Learned counsel has submitted that the petitioners are ubmitted that the petitioners are false. Learned counsel has s 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 nvestigating agency. upon to do so by the investigating agency.
Notice of motion. On asking of the Court, Mr. Gagandeep Chinna, Senior On asking of the Court, Mr. Gagandeep Chinna, Senior On asking of the Court, Mr. Gagandeep Chinna, Senior - DAG, Haryana, accepts notice on behalf of the respondent- DAG, Haryana, accepts notice on behalf of t State and seeks time to file the status report in the matter. State and seeks time to file the status report in the matter. Adjourned to 12.01.2026. Adjourned to 12.01.2026. In the meantime, the petitioners are directed to join In the meantime, the petitioners are directed to join In the meantime, the petitioners are directed to join investigation within a week from today and would appear as investigation within a week from today and would appear as investigation within a week from today and would appear as ficer and cooperate and when required by the Investigating Officer and cooperate and when required by the Investigating Of with the Investigating Agency.
In the event of arrest, they shall with the Investigating Agency. In the event of arrest, they shall with the Investigating Agency. In the event of arrest, they shall be admitted to interim bail on furnishing of bail/surety bonds to be admitted to interim bail on furnishing of bail/surety bonds to be admitted to interim bail on furnishing of bail/surety bonds to satisfaction of Arresting/Investigating Officer. The satisfaction of Arresting/Investigating Officer. The satisfaction of Arresting/Investigating Officer. The as envisaged petitioners shall also abide by the conditions as envisaged petitioners shall also abide by the conditions petitioners shall also abide by the conditions under Section 482(2) of BNSS, 2023.” under Section 482(2) of BNSS, 2023. GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document. CRM-M-72511 72511-2025 - -3-
submits that in compliance Learned counsel for the petitioners submits that in compliance Learned counsel for the petitioner of the order dated 22.12.2025 passed by this Court, the petitioner of the order dated this Court, the petitioners have joined the investigation. joined the investigation.
Amit Learned counsel for the State, on instructions from ASI Amit Learned counsel for the State, on instructions from Kumar, has submitted that the petitioner , has submitted that the petitioners ha joined the investigation and have joined the investigation and no longer required for further investigation. are no longer required for further investigation. no longer required for further investigation.
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 rim order dated 22.12.2025 is made absolute. The petitioner .2025 is made absolute. The petitioners shall continue to join investigation, as and when called by the Investigating continue to join investigation, as and when called by the Investigating continue to join investigation, as and when called by the Investigating continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section Officer and shall also abide by the conditions as provided under Section Officer and shall also abide by the conditions as provided under Section Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 482(2) of the BNSS.
12.01.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No `ii) Whether reportable? Yes/No GURPREET 2026.01.15 17:50 I attest to the accuracy and authenticity of this document.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 482, 482(2); Bharatiya Nyaya Sanhita, 2023 — ss. 109(1), 115, 117(2), 190, 191(2), 351(3).
Which court decided this case, and when?
Punjab & Haryana High Court, on 12 Jan 2026. The bench was RUPINDERJIT CHAHAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.