High Court of Punjab and HaryanaCRM-M/8646/2026allowed

Avtar Singh v. State Of Punjab

2026-05-06Mr. Justice Vinod S. Bhardwaj4 pages

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9 Learned counsel appearing on behalf of the petitioner contends that the role attributed to the petitioner is of having given an axe blow on the head of the injured. It is submitted that there are no eye witnesses to the alleged occurrence and the nature of injury attributed to the petitioner would not attract Section 109 of the BNS, 2023 in any manner whatsoever. He submits that be that as it may, the petitioner has no criminal antecedents and is in custody since 09.12.2024 and has already undergone an actual custody of nearly 1 year and 05 months. He contends that the challan in aforesaid FIR was presented on 06.02.2025 and charges were framed on 13.08.2025 and that the complainant already stands examined.

State counsel, on the other hand, contends that as per his instructions no witness has been examined so far and there are total 20 witnesses cited by the prosecution who are yet to be examined. He, however, does not dispute the clean antecedents of the petitioner as well as the period of custody undergone by him.

Having heard the learned counsel for the parties, without commenting any further on the merits of the case and taking into consideration the period of custody already undergone by the petitioner, his clean antecedents, the stage of the trial and also noticing that arguable issue would arise with respect to whether the injury attributed to the petitioner would attract Section 109 of the Bharatiya Nyaya Sanhita, 2023, or not, I deem it appropriate to allow the present petition. Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail on her furnishing

- requisite bail bond/surety bond to the satisfaction of the Trial Court/Duty Magistrate, concerned.

It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.

The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the basis of available material.

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