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High Court of Punjab and HaryanaCRM-M/70398/2025allowed

Shalu Alias Sahil v. State Of Haryana

2026-02-18Mr. Justice Sanjay Vashisth7 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M- 70398-2025 SHALU ALIAS SAHIL ......Petitioner

Versus

STATE OF HARYANA ......Respondent CRM-M- 73419-2025 VISHNU ......Petitioner

Versus

STATE OF HARYANA ......Respondent CRM-M- 3887-2026 PARDEEP ......Petitioner

Versus

STATE OF HARYANA ......Respondent Decided on : 18.02.2026

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Sanchit Punia, Advocate, for the petitioners (in all the cases).

Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

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SANJAY VASHISTH, J.

1.

By this common order, all the three aforementioned petitions, i.e. CRM-M-70398-2025, CRM-M-73419-2025 and CRM-M3887-2026 shall stand disposed of. 2.

The instant petitions have been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioners, during the pendency of trial, who have 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

(1) Shalu alias Sahil, aged about 19 years,

(2) Pardeep, aged about 22 years; and

(3) Vishnu, aged about 21 years 26.12.2024 115, 118(1), 126, 190, 191(3), 118(2), 117(2), 109(1), 103(1) of BNS Adampur Hisar 3.

On the very outset, learned State counsel has filed status reports dated 16.02.2026 (in CRM-M-73419-2025 and CRM-M-703982025), in the Court today, and the same are taken on record. Registry is directed to tag the same at the appropriate place on the file. 4.

Incident in the present case occurred on 24.12.2024, when Vinod, son of the complainant Om Prakash, sustained multiple injuries. 5.

As per the allegations, Vinod (since deceased) had left his house on 24.12.2024 at around 6:00 P.M. Complainant received

information that Vinod had sustained multiple injuries at approximately 8:30 P.M.

Initially, complainant did not suspect anyone. However, on 30.12.2024, complainant Om Prakash and his brother Sher Singh got their supplementary statements recorded, stating that they had come to know that accused namely Prince, Vishnu, Rakesh, Pradeep, Gokul, Varun, etc., had inflicted injuries upon Vinod. On 31.12.2024, co-accused Prince was arrested. Upon his arrest, his disclosure statement was recorded, wherein he stated that on 24.12.2024, he had been assaulted and abused by Vinod. In retaliation, he, along with Vishnu (petitioner in CRM-M-73419-2025), Pardeep (petitioner in CRM-M-3887-2026), Rakesh, Gokul, Mukesh, Sahil alias Shalu (petitioner in CRM-M-70398-2025), Varun and Birbal, all armed with axes and iron pipes, searched for Vinod, intercepted him in a vacant plot, and assaulted him with the intention to kill him. 6.

In pursuance of the disclosure statement made by co-accused Prince, an axe/gandasi and the motorcycle allegedly used in the commission of the offence, were recovered.

Thereafter, during the course of investigation, following accused persons were arrested in the present case (as mentioned in paragraph No.9 of the status report). For reference, the same is reproduced hereunder:- Sr.

No.

Name of accused and date Recovery of arrest 1.

Vishnu (petitioner/accused) Axe/Gandasi

31.12.2024 2.

Pardeep 31.12.2024 Wooden stick/binda 3.

CCL-G (minor) 31.12.2024 Wooden stick/binda 4.

CCL-V (minor) 10.06.2025 Wooden stick/binda 5.

CCL-R (minor) 01.04.2025 Iron rod and motorcycle bearing registration No.HR 20 AP 6054 6.

Shalu alias Sahil 01.04.2025 Motorcycle bearing registration No.HR 20 AY 5686 7.

Birbal alias Dharma 18.06.2025 Nil 8.

Prince 31.12.2024 Axe/gandasi 7.

Initially, the case was registered under Sections 191(2), 191(3), 190, 115, 118(1), and 126 of BNS. Subsequently, on receipt of the doctor's opinion stating that injuries Nos.1 and 4 were dangerous to life, while injuries Nos.2, 5, and 6 were grievous in nature, offences under Sections 118(2) and 117(2) of BNS were added, and Section 191(2) of BNS was deleted.

Thereafter, on 02.01.2025, during the course of treatment, injured Vinod expired, and Section 103(1) of BNS was also added to the present case.

8.

Following the recovery of weapons from the accused persons, as detailed here above in the tabulated form, the recovered items were sent to the Forensic Science Laboratory (FSL). As per the FSL report, the blood on the axe/gandasi recovered from petitioner-Vishnu, as well as the wooden stick/binda

recovered from petitioner-Pardeep, matched the blood group of the deceased, Vinod.

However, from petitioner-Sahil alias Shalu (in CRM-M70398-2025), a motorcycle bearing registration No.HR 20 AY 5686, allegedly used in the commission of the offence, was recovered. 9.

Counsel for the petitioners contends that there is neither any evidence nor any allegation in the disclosure statement of the co-accused that petitioner-Shalu alias Sahil was armed or caused any specific injury to the deceased Vinod.

10.

It is further submitted that charges in the present case were framed on 03.09.2025 and, out of total 25 prosecution witnesses, none has been examined, till date. Thus, conclusion of trial is likely to take considerable time.

It is also submitted that, without any specific contribution to the offence, petitioner-Shalu alias Sahil is in custody since 01.04.2025, i.e., for a period of approximately 10 months and 17 days. 11.

However, upon being asked by the Court, learned State counsel has informed that, as per instructions received by him, petitioner Sahil alias Shalu is not involved in any other criminal case, ever in past. 12.

This Court has heard the submissions of counsel for the parties and perused the record available on file. 13.

After considering the totality of circumstances, facts and allegations levelled against petitioner-Sahil alias Shalu, as well as other factors noticed above-including the period of incarceration already

undergone by him and his past conduct-and, particularly the fact that no weapon used in the commission of the offence has been recovered from him, this Court deems it appropriate to grant the concession of bail to petitioner-Sahil alias Shalu.

Consequently, prayer made in the present petition, i.e. CRMM-70398-2025 is allowed. 14.

At this stage, counsel for the petitioners submits that he does not want to press the petitions, i.e. CRM-M-73419-2025 and CRM-M3887-2026, filed on behalf of petitioners namely Vishnu and Pardeep, respectively.

15.

Accordingly, petitions i.e., CRM-M-73419-2025 and CRMM-3887-2026, filed by petitioners-Vishnu and Pardeep, stand dismissed, being not pressed, at this stage.

16.

However, petitioner - Shalu alias Sahil (in CRM-M-703982025) 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.

17.

Needless to observe that the petitioner - Shalu alias Sahil shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 18.

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. 19.

All the petitions stand disposed of.

20.

A photocopy of this order be placed on the files of other connected cases.

(SANJAY VASHISTH) JUDGE 18.02.2026 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO