Harshdeep v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on: 15-09-2025
Pronounced on: 24-09-2025 Harshdeep ........Petitioner(s)
Versus
State of Haryana ........Respondent(s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Ms. Divya Narula, Advocate for the petitioner(s). Ms. Shaveta Sanghi, DAG, Haryana.
*** ANOOP CHITKARA, J. (Oral) FIR No.
Dated Police Station Sections 27.10.2024 Sadar Dabwali, District Sirsa 109(1), 115, 126, 190, 191(2), 191(3), 351(2) BNS, 25 Arms Act and Section 117(2), 238 BNS (added later on) 1.
The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2.
After arguing for some time, counsel for the petitioner restricts his prayer for interim bail for 20 days.
3.
As per paragraph 9 of the petition, the petitioner-accused declares that six more cases/FIRs are pending against him, however, as per the custody certificate, he has the following criminal antecedents:
Sr. No.
FIR No. Date Offenses Police Station 1.
147/148/149, 323, 341, 506 IPC City Dabwali, Sirsa 2.
147/148/149, 323, 341, 506, 325 IPC City Mandi Dabwali, Sirsa 3.
323, 341, 506 IPC City Mandi Dabwali, Sirsa 4.
309(4) BNS, 3(5) BNS Sadar Dabwali, Sirsa 5.
115(2), 190, 191(3), 351(2) BNS Sadar Dabwali, Sirsa 6.
309(4), 3(5) BNS Sadar Dabwali, Sirsa 4.
The facts and allegations are being taken from the copy of reply filed by the State, which reads as follows:
-2- "2. That brief facts of the case are that on 25.10.2024 an information (ruqa) of injured Satpal son of Sona Ram, resident of Rajpura Majra, regarding fight has been referred from Civil Hospital Dabwali to Sirsa. investigation officer should be sent for legal action, but due to lack of time, the statement of injured could not be recorded. On 26.10.2024, an information (ruqa) was received from AIIMS Hospital Bathinda that the injured Satpal is admitted in AIIMS Hospital, Bathinda for treatment, which investigation officer reached AIIMS Hospital, Bathinda and opinion was obtained from doctor about the injured Satpal, the doctor opined as patient was unfit far statement. Then on 27.10.2024, after reaching AIIMS Hospital, Bathinda, an application was moved to the doctor, upon which the doctor had declared the injured as unfit to give statement and Anmol son of injured Satpal is present who presented a complaint to station House Officer. On 27.10.2024, a case FIR No.519.
dated 27.10.2024, under sections 109(1)/115/126/190/191(2)/191(3)/351(2) BNS (sections 117(2)/238 were added during Investigation), Police station Sadar Dabwali, District Sirsa/Annexure P-1 was registered on the complaint of complainant Anmol Singh son of Satpal Singh, resident of Rajpura Majra, against (1) Nishan son of Amarjit, (2) Deepak Dippu son of Dharampal, (3) Harshdeep son of Rajpal (present petitioner/accused), residents of Abubshar, District Sirsa and (4) Sukhpreet son of Beyant, resident of village Dabwali, by name and 2/3 unknown persons. The contents of FIR, if translated in English read as under:
"To, The Station House, Sadar Police Station, Dabwall, Respected Sir, I Anmol son of Satpal, resident of Rajpura Majra, hereby submit this request. My father, Satpal, and I run an electronics shop at the Abubshar Bus Stand. Every evening, after closing our shop, my father and I ride our respective motorcycles back to our village, Rajpura Majra. On 25.10.2024, at around 7:00 PM, after closing the shop, my father left before me on his motorcycle for our village. A few minutes later, I also started riding towards the village. My father was riding about 100 meters ahead of me. When he reached near Sakta khera Minor, a silver-colored Zen car with my father was riding about 100 meters ahead of me. When he reached near Sakta Khera Minor, a silver-colored Zen car with a Delhi registration approached from the opposite direction.
The driver of the car deliberately attempted to hit my father's motorcycle. As I reached closer to my father, he confronted the driver. I immediately recognized the driver as Nishan son of Amarjeet, resident of Abubshar village. When my father objected again, Nishan, along with Deepak @ Dippu son of Dharampal, Arshdeep son of Rajpal, Sukhpreet son of Beyant Singh and two to three other unknown persons, got out of the car. Nishan was holding a pistol, Deepak had a kappa, Harshdeep had an iron rod, Sukhpreet also had a kappa, and the others were armed with iron rods and sticks. Nishan fired his pistol, but the shot misfired. He then instructed Deepak, Arshdeep, Sukhpreet, and the others to attack. Suddenly Deepak, Arshdeep, and Sukhpreet assaulted my father using their respective weapons.
My father, Satpal, suffered severe injuries on his left shoulder, legs, waist, and head. When I tried to intervene, they started beating me as well. At that moment, three people from my village Ranjit son of Ramlubhaya, Bharat Lal son of Sohna Ram and Mohan son of Lal Chand witnessed the incident and intervened to stop the fight. Before leaving, the attackers threatened that my father had survived this time but would be killed if encountered again. Then they fled in their car alongwith their respective weapons. Therefore, I request you to take legal action against Nishan Singh, Deepak @ Dippu, Harshdeep, Sukhpreet and the other 2/3 unknown persons." 5.
The petitioner's counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a
-3sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Special Judge or Sessions Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 6.
The State's counsel opposes bail and refers to para 13 of the reply, which read as follows:
"13. That petitioner/accused is specifically named in the FIR/Annexure P-1. During investigation petitioner/accused was found involved in the commission of crime. During investigation petitioner/accused Harshdeep @ Sandy suffered disclosure statement admitting his Involvement in commission of crime alongwith co-accused and got demarcated the place where on 25.10.2024 he parked his vehicle in front of the motorcycle of Anmol son of Satpal blocked the road, fired a bullet and beat up Anmol son of Satpal, in accordance his disclosure statement. Petitioner/accused Harshdeep @ Sandy got recovered one iron rod, which was used in commission of crime. During investigation petitioner/accused Harshdeep @ Sandy got demarcated the place where they had prepared a plan for assault with injured Satpal son of Sona Ram and petitioner/accused Harshdeep @ Sandy also got demarcated the place where 3 months back, he had purchase alleged 3.15 Indian made Pistol and cartridge from Resham Singh @ Navi son of Jagsir Singh, resident of Mangiana, which was used in commission of crime." REASONING:
8.
Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for limited period interim bail.
9.
Given above, provided the petitioner is not required in any other case, he shall be released on interim bail from 25.9.2025 to 15.10.2025 at 11 a.m., to allow him to provide necessary treatment to his father, in the FIR captioned above, subject to furnishing bonds to the satisfaction of the concerned trial Court and in case of unavailability, before any nearest Illaqa Magistrate.
10. While furnishing a personal bond, the petitioner shall mention the following personal identification details:
1.
AADHAR number 2.
Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.
3.
Mobile number (If available) 4.
E-Mail id (If available)
11. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from
-4disclosing such facts to the police, or the court, or to tamper with the evidence during the period of interim bail.
12.
The conditions mentioned above imposed by this court are to endeavour that the accused tries to reform, does not repeat the offence and to ensure the safety of the witnesses, victim, and their families. In Mohammed Zubair v. State of NCT of Delhi, Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A ThreeJudge bench of Hon'ble Supreme Court holds that "The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed." 13.
Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands.
14.
Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 15.
The petitioner shall surrender in prison from where he was released, on or before 15.10.2025 by 11-00 a.m.
16. The petition stands disposed of and liberty is reserved to the petitioner to file a fresh petition after surrender on same power of attorney in accordance with law. All pending application(s), if any, stand disposed of.
17. There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 24-09-2025 AK (ANOOP CHITKARA) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO