Citation : 2026 Latest Caselaw 3665 P&H
Judgement Date : 22 April, 2026
CRM-M-1604-2026 1
210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-1604-2026
Reserved on: 20.04.2026
Pronounced on: 22.04.2026
Date of uploading: 22.04.2026
ANURAG ... PETITIONER
VERSUS
STATE OF HARYANA ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Anmol Dutt Sharma, Advocate for the petitioner.
Mr. Vipul Sherwal, AAG Haryana.
Mr. Rakesh Kumar Lathwal, Advocate for
Mr. Amritpal Singh Maan, Advocate for the complainant.
****
JASJIT SINGH BEDI, J.
The prayer in the present petition under Section 483 BNSS is for
the grant of regular bail in case bearing FIR No.165 dated 06.05.2023
(Annexure P-1) registered under Sections 148, 149, 323, 324, 326, 452, 307
and 506 of IPC (Sections 420, 467, 468 and 471 IPC added later on) at Police
Station Barara, District Ambala.
2. The present FIR came to be registered at the instance of Pooja
Devi, which reads as under:-
"Shri Maan Ji, the copy of the application is as follows.
To SHO Saheb, Police Station Barara, Shri Maan Ji, I am
Pooja Devi, wife of Naveen Sharma, resident of Kambasi and
do domestic work. My husband Naveen also does farming. On
05.05.2023 at 08.15 pm, my husband and his friend were
sowing wheat in the living room. And I went to give them water.
When I returned after giving water, Anurag and Aditya s/o
Ashok Kumar, accompanied by about 10-12 boys, came out
from the old houses near the temple and were threatening me
that today we will kill your husband, your children and you too.
When I followed them, Anurag and Aditya had axes in their
hands and the rest had sticks etc. In front of my eyes, Anurag
and Aditya attacked my husband with axes and the rest started
hitting him with sticks. When I shouted for help, many people
came running and seeing them, all of them ran away shouting
and were saying that if any person from the village helped
them, he would also face the same fate. Anurag and Aditya
conspired with their friends cut my husband's hand and also
attacked him on the head with axes. Then I called my mother-
in-law, who took my husband and his friend Monu to the
hospital in an injured condition. Anurag and Aditya's mother
Saroj used to tell me many times in the temple that whenever I
get a chance, I will get my boys to kill your entire family. On
05/05/2023, Aditya and Anurag and their mother Saroj, along
with other boys, entered the house and made a mistake by
cutting my husband's arm and causing other injuries, injuring
his friend and threatening us. Action should be taken against
them. My husband is currently admitted in PGI Chandigarh for
treatment."
SD Pooja Devi
3. The learned counsel for the petitioner contends that the
petitioner has been falsely implicated in the present case. He contends that
the allegations have been levelled against the petitioner and his brother
Aditya, who at that time was in Chennai, which completely falsifies the
prosecution case. In fact, Aditya has been found innocent and placed in
column No.2. Despite 03 years having elapsed, since the registration of the
FIR, the statement of the complainant has not yet been recorded. As the
petitioner is in custody since 12.05.2023 but only 01 of the 19 prosecution
witnesses has been examined so far, the Trial of the present case is not likely
to be concluded anytime soon and therefore, he is entitled to the concession
of bail.
3. The learned counsel for the State and counsel for the
complainant, on the other hand, contend that while it is true that Aditya has
been found to be innocent and placed in column No.2, an application under
Section 319 Cr.P.C. (Section 358 BNSS) has been filed to summon Aditya.
Merely because the allegations qua one of the accused has been found to be
incorrect during police investigation does not mean that the petitioner has not
committed the offence in question. The principle of falsus in uno falsus in
omnibus has no application in India. The petitioner tried to mislead the
investigating agency by claiming to be a juvenile on the basis of a Aadhaar
Card and School Leaving Certificate, which were found to be forged and
therefore, Sections 420, 467, 468 and 471 IPC were added on 07.08.2023.
The petitioner has acted in a brutal manner by severing the arm of the
injured-Naveen Kumar. The nature of the allegations, the brutal manner in
which the offence has been committed and the conduct of the petitioner in
forging to plead juvenility does not entitle the petitioner to the grant of bail.
4. I have heard the learned counsel for the parties.
5. As per the case of the prosecution, the petitioner and his
co-accused/Aditya, who happen to be real brothers, are alleged to have
brutally assaulted the injured-Naveen Kumar, the husband of the
complainant, and the arm of Naveen Kumar has been severed. Merely
because Aditya has been found to be innocent does not in any way detract
from the brutal role played by the petitioner, who has been found to be prima
facie culpable. Even otherwise, an application under Section 319 Cr.P.C.
(Section 358 BNSS) to summon Aditya is pending adjudication. The
petitioner is a clever individual, who forged and fabricated an Aadhaar Card
and his School Leaving Certificate so as to raise the plea of being a juvenile.
Sections 420, 467, 468 and 471 IPC have been added in the afore-mentioned
FIR.
6. Keeping in view the afore-mentioned discussion, I find no merit
in the present petition and the same stands dismissed.
7. All the pending miscellaneous applications, if any, stand
disposed of.
(JASJIT SINGH BEDI) JUDGE 22.04.2026 kusum Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No
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