IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

213 Date of decision: 06.11.2025 Sandeep @ Ankit ...Petitioner VERSUS State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Parveen Kumar, Advocate, for the petitioner.

Ms. Chhavi Sharma, Astt. AG, Haryana.

Mr. Rajesh Duhan, Advocate, for the respondent-complainant.

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VINOD S. BHARDWAJ, J. (Oral)

The instant second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case bearing FIR No.667 dated 11.10.2022 registered under Sections 148, 149, 323, 302 & 201 of the Indian Penal Code, 1860 at Police Station Gharauda, District Karnal.

2. Briefly summarized, the case of the prosecution is that on 10.10.2022 the police received information regarding a fight between two groups at New Jat Punjabi Dhaba, Araipura Road. Acting on this, the IO reached the spot and found that the injured persons had been taken to the Govt. Hospital, Gharaunda. The IO then proceeded to CHC, Gharaunda, where it was discovered that Manish and Neeraj had been brought dead. At the hospital, Chander Mohan, the complainant submitted an application stating that on the same day at about 07:30 pm, he alongwith his friends Mohan and Neeraj (since deceased) were sitting at New Jat Punjabi Dhaba, having food and liquor. Behind their table, four boys were sitting and talking loudly and when Neeraj asked them to lower their voices, an altercation ensured. The four boys left but returned shortly thereafter. One of them struck Chander Mohan on the head with a glass bottle while another hit Neeraj in the same manner. Thereafter they tried to flee but one boy was caught, who stated that he had called Rakma on the spot and that Rakma would deal with them. In the meanwhile, Chander Mohan’s brother Manish arrived, who he sent back for safety. Thereafter, Rakma came to the Dhaba armed with a shutter handle alongwith four boys and attacked Chander Mohan and his friends. Chander Mohan managed to escape with great difficulty and met his father Sham Lal near his house. The two then went to look out for his brother Manish and found that Manish and Neeraj were lying unconscious at the dhaba drenched in blood with multiple injuries on their head. They were rushed to CHC, Gharaunda, where the doctor declared both of them dead. Chander Mohan also got medical treatment at CHC, Gharaunda. On the basis of the said application, the present FIR was registered under Section 148, 149, 323, 302 IPC against Rakma and his companions for forming an unlawful assembly and committing the murder of Manish and Neeraj.

3. Learned counsel for the petitioner contends that the petitioner alongwith co-accused Parvesh Kumar were arrested on 11.10.2022 and has been in custody since then. He further contends that there is no specific injury attributed to the petitioner to either of the deceased. He further contends that the cause of death of deceased Neeraj was a head injury by an axe which is attributed to co-accused Rakma, while cause of death of deceased-Manish was also a head injury attributed to co-accused Rohit, son of Ranjit. Counsel further contends that the trial is at an initial stage as only 06 out of 23 witnesses have been examined so far. He further contends that the petitioner is not involved in any other case and that the case of the petitioner would be similar to the co-

accused Parvesh Kumar, who has already been granted concession of regular bail by taking into consideration his period of custody.

4. Counsel for the State as well as the complainant vehemently opposed prayer of the petitioner on the ground that it is a case of murder and that the petitioner is attributed fist blows to the deceased. They however do not dispute that the co-accused Parvesh Kumar has been granted concession of regular bail by taking into account his long custody and that no recovery of any nature whatsoever has been effected from the petitioner.