Sunil @ Gujjar v. State Of Haryana
CRM-M-23587-2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-23587-2026 (O&M) Decided on : 05.05.2026 SUNIL @ GUJJAR ......Petitioner
Versus
STATE OF HARYANA ......Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. Navmohit Singh, Advocate, for the petitioner.
Mr. Amish Sharma, AAG, Haryana.
**** SANJAY VASHISTH, J.
1.
The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No.
Date Section(s) Police Station District Sunil @ Gujjar, aged about 30 years 21.10.2025 110, 115(2), 190, 191(3), 351(3) of BNS and section 3 of the SC/ST Act (section 238(c) of BNS added later on) (section 3 of the SC/ST Act deleted later on) (corresponding to sections 308, 323, 149, 148, 506, 201 of IPC) Barwala Hisar
CRM-M-23587-2026 (O&M) 2 2.
Complainant - Sharadanand got recorded following version of the FIR:- "To The SHO, Police Station Barwala. Sir, I, Shardananad, son of Ram Kumar, caste Chamar, resident of Rajli, District Hisar, have been working for about 5 years at Pooja Hotel, Hisar Road, Barwala, owned by Saurabh, son of Suresh, resident of Hasangarh. Last year, on 17-10-2024, Karandeep alias Sheepad, resident of Badhawad, along with 2-4 of his associates, came to the hotel and fired gunshots at the hotel. In this the regard, Case No. 836/24, Police Station Barwala, is already registered, and in that case, Karandeep alias Sheepad had gone to jail and is now out on bail. After being released on bail in the said case, Karandeep alias Sheepad has been continuously pressuring me for several days to withdraw that case.
He has been repeatedly calling me and coming to the hotel to put pressure on me, and has been threatening to kill me if I do not withdraw case. On 20-10-2025, at around 11:30 PM, Karandeep alias Sheepad called me and said, Meet me at the hotel, we will deal with you and Saurabh. Then, at around 12:00 midnight, Karandeep alias Sheepad, caste Jat, resident of Badhawad, Sunil alias Gujjar, caste Jat, resident of Badhawad, Nanna, caste Jat, resident of Badhawad, Anil S/o Krishan, caste Jat, resident of Pabda, Aman alias AP, caste Jat, resident of Pabda, Rajbir S/o Pala, caste Jat, resident of Pabda, Rohit S/o Basi, caste Jat, resident of Pabda, Sachin S/o Sundar, caste Chamar, resident of Pabda, and 4-5 other persons came to the hotel on 4-5 motorcycles.
I know all of them by caste identity from earlier, and they also know me by caste identity. At that time, Sumit S/o Suresh, caste Jat, resident of Hasangarh, and Satveer S/o Hoshiar Singh, caste Jat, resident of Pabda, were present with me at the hotel. All the above persons came to the hotel carrying sticks in their hands. As soon as they arrived, they hurled caste-based abuses, calling me "DedhKameen," and threatened to kill me if I did not withdraw the case. When we resisted, all of them attacked us together and beat us with sticks and lathis. One of them struck me on the head with a stick with the intention to kill, causing a serious head injury. They again threatened to kill all of us.
CRM-M-23587-2026 (O&M) 3 informed the police helpline 112. The police arrived at the spot, inspected the scene, and we later got our injuries treated at GH Hisar. We have a threat to our life and property from Karandeep alias Sheepad and his above-mentioned associates. You are requested to take legal action against all of them. We have CCTV footage of the incident. Thank you. Sd/- Shardananand Applicant: Shardananand S/o Ram Kumar, caste Chamar, resident of Rajli, District Hisar Mobile: 8901515815."
3.
Complainant-Shardanand suffered total 02 injuries, i.e. (i) multiple Reddish Contusion of variable sized around 10x2 cm to 5x2 cm present on back, association with paid. Adv. Ortho Opinion and; (ii) Patient c/o pain on left gluteal region, no external mark of injury seen. Adv. Ortho Opinion. Another injured Sumit suffered total three injuries and same reads as under:- (i) Reddish Contusion of sixe 1x0.5 cm present over left forearm. Adv. Ortho Opinon (ii) Reddish Abrasion of size 3x2 cm present over left side flank region, associated with pain. Adv. Surgery Opinion (iii) Patient C/o pain in left shoulder and left hand. Adv. Ortho Opinion.
Injured namely Satbir also suffered total four injuries, which reads as under:- (i) Lacerated wound of size 2.5 x 0.5 cm present over parietal region of heard. Adv. Surgery Opinion (ii) Reddish Abrasion of size 1x1 cm present over left arm. Adv. Ortho Opinion
CRM-M-23587-2026 (O&M) 4 (iii) Reddish Abrasion of size 2.5 x 0.5 cm present over right chest region near clavicle. Adv. Surgery Opinion (iv) Lacerated wound of size 1x0.25 cm present over left side of abdomen, Adv. Surgery Opinion 4.
Learned counsel for the petitioner contends that no specific role has been attributed to any of the accused in the FIR. Even as per the allegations, it is stated that complainant was struck on the head with a stick by one of the accused, without naming any individual. 5.
Referring to the injuries, learned counsel submits that, in fact, complainant Shardananand did not suffer any head injury; rather, it was the injured Satbir who was allegedly inflicted with a stick blow. It is further argued that identity of the actual assailant remains uncertain. Even, as per MLRs of the victims, injuries sustained by them are simple in nature.
It is further submitted that petitioner is in custody since 06.11.2025, and no useful purpose would be served by keeping him inside jail for an indefinite period. Moreover, apart from the present case, petitioner is not involved in any other criminal case. 6.
Learned counsel also submits that co-accused, namely Anil Kundu, Aman @ AP, and Rohit, have already been granted the concession of regular bail by this Court, vide common order dated 24.04.2026 passed in CRM-M-20712-2026, CRM-M-20717-2026, and CRM-M-21559-2026, as compromise has been effected between the
CRM-M-23587-2026 (O&M) 5 complainant and petitioners therein. Thus, counsel prays for grant of regular bail to the petitioner in the present case. 7.
On the other hand, learned State counsel, while referring to the head injury sustained by the injured Satbir, submits that the said injury was inflicted on a vital part of the body, i.e., head. It is, therefore, argued that none of the accused is entitled for the concession of bail. Thus, prayer is made for dismissal of the present petition. 8.
This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it. 9.
In view of the totality of the circumstances, nature of the allegations levelled against the petitioner, and the factors noticed here above, including the fact that co-accused, namely Anil Kundu, Aman @ AP, and Rohit, have already been granted the concession of regular bail by this Court, as well as period of incarceration undergone by the petitioner, this Court deems it appropriate to extend the concession of bail to the petitioner.
Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.
10.
Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
CRM-M-23587-2026 (O&M) 6 11.
Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 12.
Petition stands disposed of.
(SANJAY VASHISTH) JUDGE 05.05.2026 Lavisha Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO