230/2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:20.02.2025 (i) CRM-M-8530-2025 Abhishek Kumar @ Abhi @ Abhishek ...Petitioner vs.

State of Haryana …Respondent (ii) CRM-M-8535-2025 Harsh Kumar @ Harsh …Petitioner vs.

State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Ashish Pundir, Advocate for the petitioner (in both petitions)

Mr. Gurmeet Singh, AAG, Haryana.

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N.S.Shekhawat J.(oral)

1. This order shall dispose off above-said two petitions i.e. CRM-M- 8530-2025, titled as Abhishek Kumar @ Abhi @ Abhishek Vs. State of Haryana and CRM-M-8535-2025 titled as Harsh Kumar @ Harsh Vs. State of Haryana, whereby the petitioners have prayed for grant of regular bail to them in case FIR No.450 dated 10.08.2024 registered under Sections 109(1), 109(2), 115, 190, 191(3), 324(4), 351(2) and 351(3) of BNSS, at Police Station City Jagadhri, District Yamuna Nagar.

2. Learned counsel for the petitioners contend that as per the prosecution case, several persons had attacked the complainant and had caused several injuries to him. However, from the perusal of the MLR of Ayush Kumar, injured, it is apparent that he had suffered only two simple injuries in the present case. The petitioners were not initially named in the FIR and have been nominated as an accused on the basis of the CCTV footage. Abhishek Kumar @ Abhi @ Abhishek, the present petitioner (in CRM-M-8530-2025) was arrested on 16.08.2024, whereas, Harsh Kumar @ Harsh, petitioner in CRM-M-8535-2025, was arrested on 13.08.2024. Even challan has already been presented against the petitioners. Learned counsel has further referred to order dated 24.01.2025 (Annexure P-2) passed by this Court, whereby similarly placed co-accused, Akhil has already been granted the concession of regular bail.

3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioners on the ground that serious allegations have been leveled against the present petitioners and they do not deserve the concession of bail by this Court. He further submits that a motorcycle and axe have been recovered from Abhishek Kumar @ Abhi @ Abhishek, whereas, farsa/iron rod has been recovered from Harsh Kumar @ Harsh. However, he does not dispute the fact that the petitioners were never involved in any other criminal activity.

4. I have heard learned counsel for the parties and perused the record carefully.

5. It is not in dispute that the injuries suffered by the injured Ayush Kumar in the present case have been declared to be simple in nature. Moreover, both the petitioners have already suffered incarceration for a period of 06 months and their further custody will not serve any meaningful purpose.

7. Without commenting on the merits of the case, the present petitions are allowed and the petitioners are ordered to be released on bail subject to their furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.

(N.S.SHEKHAWAT)

20.02.2025 JUDGE

hemlata