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High Court of Punjab and HaryanaCRA-S/3865/2025allowed

Pawan @ Pony v. State Of Haryana And Another

2026-05-22Mr. Justice Sanjay Vashisth3 pages

101-2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 22.05.2026 PAWAN @ PONY .....APPELLANT

VERSUS

STATE OF HARYANA AND ANOTHER .....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present:

Mr. Prashant Sethi, Advocate, for the appellant.

Mr. Parveen Kumar Aggarwal, Addl. AG, Haryana. Mr. Lalit K. Narang, Advocate, for respondent No.2/complainant.

SANJAY VASHISTH , J (ORAL) 1.

Present appeal has been filed by the appellant, challenging the order dated 09.12.2025 passed by learned Additional Sessions Judge, Rohtak, whereby anticipatory bail petition filed by him, in FIR No.377 dated 04.11.2025, registered under Sections 190, 191(1), 115(2), 351(3), 333 of BNS, 2023, and Sections 3(1)(B), 3(1)(S), 3(2)(VA) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Meham, District Rohtak, has been dismissed. 2.

After hearing the submissions addressed by counsel for the appellant, on 11.12.2025, following order was passed:- "1.

xxxx xxxx xxxx xxxx 2.

Learned counsel for the appellant, inter alia, contends that in the present case, the specific accusation pertains only to co-accused Vijay, and no allegation has been made against the appellant. He is not named in the complaint, no specific role has been

-2attributed to him, nor has any weapon of offence been imputed to him for causing injuries to the complainant or his family members. Even, no other accused was present at the time when Vijay allegedly urinated while facing the house of the complainant, namely, Birmati.

3.

As per the FIR, incident occurred on 29.10.2025 at about 10:00 p.m., when a group of eight accused persons, namely, Vijay, Ashu, Sahil, Poni, Santu, Deepak, Mangtu, and Dinesh, allegedly reached the complainant's house, hurled filthy casterelated abuses, and entered the premises. It is further alleged that injuries were caused to Dinesh, Naresh, Amit, Moni, and complainant, Birmati, on their heads and other vital parts of the body.

4.

Counsel for the appellant submits that none of the injuries sustained by the victims are of a serious nature and the only role attributed to the appellant is of causing simple injuries. Thus, prayer is made for grant of concession of anticipatory bail to the appellant in the present case.

5.

Notice of motion.

6.

On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and Mr. Lalit K. Narang, Advocate, puts in appearance on behalf of the complainant (respondent No.2), and files his Memo of Appearance in Court today, which is taken on record. He undertakes to file his Vakalatnama in the registry in due course of time.

7.

Learned State counsel, as well as counsel for the complainant, submit that the doctor's opinion regarding the injuries suffered by the injured persons is still awaited. Thus, learned State counsel seeks some time to file status report in the matter along with the medical opinion on the injuries.

8.

This Court has observed that incident took place on 29.10.2025 and injuries were caused to the injured persons; in the normal course, in cases of hurt, doctor's opinion is not expected to be delayed. Therefore, learned State counsel is directed to file status report in the matter after obtaining opinion of the concerned doctor.

9.

Adjourned to 27.01.2026.

10.

Meanwhile, appellant shall not be arrested. However, issue of joining of investigation by the appellant would be examined on the next date of hearing, after reviewing the status report, which is yet to be filed by learned State counsel.

To be heard along with CRA-S-3717-2025."

-33.

Reiterating the submisions, counsel for the appellant submits that appellant is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, counsel prays for grant of anticipatory bail to the appellant in the present case. 4.

This Court has heard the submissions advanced by learned counsel for the parties and has also perused the record available before it. 5.

Allegation against the present appellant is that he arrived at the spot of occurrence at a later stage, accompanied by co-accused Santu, Deepak, Mangtu, and Dinesh, all allegedly carrying weapons, and thereafter, participated in causing injuries to the complainant party. Except for one injury suffered by Amit, which has been opined to be grievous and caused by a blunt weapon, all other injuries are stated to be simple in nature. 6.

In view of the aforesaid circumstances, this Court deems it appropriate to dispose of the present appeal, with a direction to the appellant to join the investigation within a period of two weeks from today, or as and when called upon to do so by the Investigating Officer, and in the eventuality of the arrest, appellant would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The appellant shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 11.

Besides, it is directed that appellant would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, appellant would seek prior permission of the Court. 12.

With the directions recorded here above, present appeal stands disposed of.

(SANJAY VASHISTH) 22.05.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No