Amandeep @ Mandeep v. State Of Haryana

CRM-M No.66497 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.66497 of 2025 Date of decision : 2.12.2025 Date of uploading : 2.12.2025 Amandeep @ Mandeep .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. G.S. Ghuman, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.297 dated 27.10.2024 under Sections 103(1), 115, 126 and 351(3) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Chhachhrauli, District Yamuna Nagar. 2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- 'Statement of Vinod Kumar S/O Kripal Singh Village Chuhadpur Kalan Police Station Chhachhrauli District Yamuna Nagar, age 40 years, Mobile No. 8221926488 stated that I am a resident of the above name and address, I work as a labourer, I have two sons and two daughters, one daughter is married, Myyounger son Anmol is 18 years old who works as a labourer. On 26.10.2024, my sons Anmol and Vishnu were coming towards home from the street in front of Panchayat Bhawan, Chuhadpur

CRM-M No.66497 of 2025 -2Kalan. At that very moment, Mandeep, the son of Bunty of our village, came and stopped both my sons in the street and started abusing. Hearing the noise of the fight, I also reached the spot and I tried to pacify him. In the meantime, Mandeep picked up a stone from near the street and hit my son Anmol on the back of his head. My son fell on the ground and became unconscious. Many people had gathered there. Mandeep fled from the spot threatening to kill us. Then we brought our son to Sharma Hospital, Jagadhri, where Dr. Sahib treated my son. Then we took my son Anmol to Aadesh Hospital, Shahbad, wherehe got furthertreatment. Then I broughtmy son Anmol to Civil hospital in Yamuna Nagar. Mandeep has beaten up my son Anmol due to some old grudge and injured him. Legal action should be taken against him. I have brought it to your notice and have read it. This incident happened at around 08:30 pm. SD-Vinod' 3.

Learned counsel for the petitioner has argued that the petitioner is in custody since 4.11.2024. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that the prime prosecution witnesses namely, PW Vinod and PW Vishnu have turned hostile, hence, trial is not likely to culminate into conviction. Learned counsel has further argued that the petitioner is a man aged 26 years with clean antecedents. Thus, regular bail is prayed for.

4.

Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 01.12.2025 in Court, which is taken on record. 5.

I have heard counsel for the parties and have gone through the available records of the case.

CRM-M No.66497 of 2025 -36. The petitioner was arrested on 4.11.2024 wherein after investigation was carried out and challan stands presented on 3.2.2025. Total 18 prosecution witnesses have been cited, out of which only 11 have been examined till date. All the private prosecution witnesses stand examined & the prime prosecution witnesses namely PW Vinod and PW Vishnu have turned hostile. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

As per custody certificate dated 01.12.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 01 year and 27 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or

CRM-M No.66497 of 2025 -4documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial. 8.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

9.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL) JUDGE 2.12.2025 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No