Citation : 2025 Latest Caselaw 5299 P&H
Judgement Date : 18 November, 2025
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CRM-M-63735-
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238
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-
CRM-M-63735-
63735-2025
Rahul @ Numberdar @ Bunty
....Petitioner
Petitioner
Versus
State of Haryana
....Respondent
Date of decision: November 18
18, 2025
Date of Uploading: November 18, 2025
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present:-
Present: Mr. Kushagra Beniwal, Advocate for the petitioner.
Mr. Gurmeet Singh, AAG Haryana.
*****
SUMEET GOEL,
GOEL, J. (ORAL)
Present petition has been filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ''BNSS') for grant of
regular bail to the petitioner in case bearing FIR No. No.237 dated 07.07.2025,,
registered for the offences punishable under Sectionss 109(1), 115, 190,
191(3) & 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS')
(Sections 238-A 238 & 351(3) of the BNS added and Section 351(2) of the BNS
deleted later on) and Sections 25-54-59 59 of the Arms Act, 1959 1959, at Police
Station Kunjpura, District Karnal.
2. The gravamen of the FIR in question is that on 07.07.2025,, a
complaint was submitted by Prem Singh against Pintu, Rohit, Shubham, and
Sudhir,, along with 7-88 unidentified persons who were present in several
vehicles. The complainant com stated that on 06.07.2025 06.07.2025, his elder son,, namely,
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Ravinder was standing in the village when a vehicle approached from the
opposite side, ran over his foot, and fled from the spot. Shortly thereafter,
the same vehicle returned, and Ravinder stopped it. At that time, Rohit,
Pintu, and some other boys were found inside the car. When Ravinder
questioned them about running over his foot, they began abusing and
threatening him. Ravinder narrated the entire incident to his father at home.
It is further alleged that Pintu later threatened Ravinder over the phone,
calling him to Noor Mahal and again warning that he would "see him in the
village." On 07.07.2025 at about 2:45 PM, Pintu, Rohit, Shubham, and
Sudhir, along with 7-8 unknown persons, arrived on the main road of the
village in multiple cars, armed with weapons, lathis, and dandas. Acting in
concert, they allegedly assaulted Ravinder and his brother Saurabh. The
complainant later came to know that the accused had also fired shots at them
with the intention to kill. While leaving, the accused allegedly issued life
threats, after which Ravinder fled from the spot.
3. Learned counsel for the petitioner has iterated that the petitioner
is in custody since 09.07.2025. Learned counsel has iterated that the
petitioner has been falsely implicated into the FIR in question. Learned
counsel has further argued that name of the petitioner does not specifically
figure in the FIR. Learned counsel has further iterated that, assuming
arguendo, the prosecution version is taken to be correct, the role attributed to
the petitioner is of bringing his car to the spot in question in helping the
accused flee away. Learned counsel has further iterated that the petitioner
has been implicated into the FIR in question primarily on the disclosure of
one Ajay Rana @ Pintu, who has been extended the concession of
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anticipatory bail by this Court, no 22.09.2025. Thus, regular bail is prayed
for.
4. Learned State counsel has opposed the present petition by
arguing that the allegations raised against the petitioner are serious in nature,
and thus, the petitioner does not deserve the concession of the regular bail.
Learned State counsel seeks to place on record the custody certificate dated
17.11.2025, in the Court today, which is taken on record.
5. I have heard counsel for the rival parties and have gone through
the available records of the case.
6. The petitioner was arrested on 09.07.2025, whereinafter,
investigation was carried out and the challan has been presented on
06.09.2025. Out of total 21 cited prosecution witnesses, none has been
examined till date. Indubitably, culmination of the trial will take its own
time. The rival contentions raised at Bar given rise to debatable issues,
which shall be ratiocinated upon during the course of trial. This Court does
not deem it appropriate to delve deep into these rival contentions, at this
stage, lest it may prejudice the trial. Nothing tangible has been brought
forward to indicate the likelihood of the petitioner absconding from the
process of justice or interfering with the prosecution evidence.
6.1. As per custody certificate dated 17.11.2025 filed by learned
State counsel, the petitioner has already suffered incarceration for a period
of 04 months and 04 days. Further, as per the said custody certificate, the
petitioner is stated to be involved in other FIR(s). However, this factum
cannot be a ground sufficient by itself, to decline the concession of regular
bail to the petitioner in the FIR in question when a case is made out for grant
of regular bail qua the FIR in question by ratiocinating upon the
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facts/circumstances of the said FIR. Reliance in this regard can be placed
upon the judgment of the Hon'ble Supreme Court in Maulana Mohd. Amir
Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a
Division Bench judgment of the Hon'ble Calcutta High Court in case of
Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this
Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of
Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3)
RCR (Criminal) 191.
Suffice to say, further detention of the petitioner as undertrial is
not warranted in the factual milieu of the case.
7. In view of above, the present petition is allowed. Petitioner is
ordered to be released on regular bail on his furnishing bail/surety bonds to
the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in
addition to conditions that may be imposed by the concerned CJM/Duty
Magistrate, the petitioner shall remain bound by the following conditions:
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport(s), if any, with the trial Court.
(vi) The petitioner shall give his cellphone number(s) to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number(s) without prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the trial.
8. In case of breach of any of the aforesaid conditions and those
which may be imposed by concerned CJM/Duty Magistrate as directed
hereinabove or upon showing any other sufficient cause, the
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State/complainant shall be at liberty to move cancellation of bail of the
petitioner.
9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of
opinion on the merits of the case.
11. Since the main case has been decided, pending miscellaneous
application, if any, shall also stands disposed off.
(SUMEET GOEL) GOEL) JUDGE November 18, 18, 2025 mahavir
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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