[Cites 5, Cited by 0]
Punjab-Haryana High Court
Bharat vs State Of Haryana on 2 February, 2026
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
CRM-M-4524-2026 1
228
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-4524-2026
Date of Decision: 02.02.2026
Bharat ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present: Mr. Sajal Bansal, Advocate
for the petitioner.
Ms. Diya Sodhi, Sr. D.A.G., Haryana.
RAJESH BHARDWAJ, J. (ORAL)
1. Petitioner has approached this Court by way of present sixth petition
praying for grant of bail in case FIR No.320 dated 28.06.2019 under Sections
148, 149 and 302 IPC, registered at Police Station Barwala, District Hisar.
2. Succinctly the facts of the case are that the FIR in the present case
was lodged on the statement of Manjeet (complainant) wherein it was alleged
that on 27.06.2019 at about 07:00 PM, his younger brother Naveen and his
friend Vikram received a phone call to come to the Dairy. After about half an
hour, he got information that Bharat (petitioner) along with his friends was
beating Naveen and Vikram. On receiving the information, he reached at the
Dairy of Bharat, where he found that Bharat, Satender, Pardeep, Vicky along
with 08/10 other unknown persons were present and all were armed with lathis
and dandas. He saw that Bharat and Vicky caused injuries on the hands and
legs of his brother Naveen with dandas. Satender and Pardeep also gave blows
of danda on the hand, legs and body of Vikram. On seeing the complainant, all
of them ran away alongwith their respective weapons and then complainant
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and Mangat Ram shifted both the injured i.e. Naveen and Vikram to the
hospital. However, both of them succumbed to injuries on the way to the
hospital. Request was made to take legal action against the accused persons.
After the registration of the FIR, investigation commenced. During
investigation, the petitioner was arrested on 03.08.2019. On completion of the
investigation, the challan was presented. On framing of charges, trial
commenced. The petitioner approached the learned Additional Sessions Judge,
Hisar for grant of bail. However, after hearing both the sides and finding no
merit in the same, the learned Additional Sessions Judge, Hisar declined the
bail application vide order dated 12.01.2023. Being aggrieved, the petitioner,
approached this Court by way of filing of five bail petitions, which was
dismissed/disposed of. Hence, the petitioner is before this Court praying for the
grant of bail by way of filing the sixth petition.
3. Learned counsel for the petitioner, at the outset, prays for the grant
of bail on the basis of parity with that of the co-accused. He has drawn the
attention of this Court to the common order dated 19.12.2025 passed by this
Court in CRM-M-65350-2024, whereby co-accused of the petitioner, namely,
Vikram @ Vicky, has been granted the concession of bail. He has submitted
that case of the petitioner is at par with that of the co-accused, who has been
granted bail by this Court. He submits that on the basis of the parity, petitioner
deserves to be granted bail as case of the petitioner is similar to that of the co-
accused, who has already been granted bail.
4. Per contra, learned State counsel has opposed the submissions
made by counsel for the petitioner. However, she has endorsed the fact that
case of the petitioner is at par with co-accused, namely, Vikram @ Vicky, who
has already been granted bail by this Court. She has produced custody
certificate of petitioner, today in the Court, which is taken on record.
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5. After hearing learned counsel for the parties and perusing the
record, it is deciphered that the petitioner is behind bars since the date of his
arrest. The custody certificate produced would show that petitioner has
suffered incarceration of 05 years, 09 months and 20 days as on 30.01.2026. It
further reflects that the petitioner is involved in 05 more cases, out of which in
one case his sentence has been completed and in rest of the cases, he has been
acquitted. Admittedly, co-accused of the petitioner, namely, Vikram @ Vicky
has already been granted bail by this Court vide common order dated
19.12.2025. Needless to say that every accused has a fundamental right of
speedy trial.
6. The veracity of the allegations would be assessed only after the
conclusion of the trial and on the appreciation of evidence to be led by both the
parties before the trial Court.
7. The Hon'ble Supreme Court in Ashim @ Asim Kumar Haranath
Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar
Bhattacharya Vs. National Investigation Agency, 2022(1) SCC 695 has held
as under:
"Deprivation of personal liberty without ensuring speedy trial is not
consistent with Article 21 of the Constitution of India. While
deprivation of personal liberty for some period may not be avoidable,
period of deprivation pending trial/appeal cannot be unduly long. At
the same time, timely delivery of justice is part of human rights and
denial of speedy justice is a threat to public confidence in the
administration of justice."
8. The Hon'ble Supreme Court in a recent decision dated 03.07.2024
in 'Javed Gulam Nabi Shaikh Vs. State of Maharashtra, Criminal Appeal
No. 2787 of 2024', has held that howsoever serious a crime may be, an
accused has the right to speedy trial under the Constitution of India.
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9. This Court would refrain itself from commenting anything on the
merits of the case. The trial of the case will take sufficient long time. Thus,
keeping in view the arguments raised by both the sides, this Court is of the
opinion that learned counsel for the petitioner succeeds in making out a case
for grant of regular bail to the petitioner on the basis of parity.
10. Accordingly, the present petition is allowed and petitioner is
ordered to be released on bail on his furnishing bail/surety bonds to the
satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein
shall be treated as an expression of opinion on the merits of the case.
02.02.2026 (RAJESH BHARDWAJ)
ps-I JUDGE
Whether speaking/reasoned :Yes/No
Whether reportable :Yes/No
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