IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.6115 of 2026 Date of decision : 9.2.2026 Date of uploading : 9.2.2026 Khalid @ Khalli @ Foji ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Rosi, Advocate, for the petitioner Ms. Priyanka Sadar, Senior DAG, 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.143 dated 1.10.2024 under Sections 126(2), 287, 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act, 1959 (Section 109(1) of BNS added and Section 287 of BNS deleted later on), registered at Police Station Bichhor, District Nuh.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

‘To, The Station House Officer. P.S. Bichhor, Nuh. Subject Application regarding taking legal action against accused Khalid son of Yasin @ Noliya resident of Bisru. Sir, requested that I applicant Kamil son of Abdul Rashid is permanent resident of Bisru, PS Bichhor, Tehsil Punhana, District Nuh. Sir on dated 29.09.2024 at time about 11.45 A.M in afternoon I was going to my house on my tractor, as I reached at Bangali Chowk Mohalla Havelia, then accused Khalid son of Yamin @ Nolia parked his bike in front of my tractor, and took out his pistol from his back and direct fired at me, somehow I saved myself and Asraf son of Sagruddin, Mubarik son of Sher Jang, Sakib s/o Kutbuddin, Rassu s/o Salamudeen, Mustakeem s/o Umar Mohammad saved me and that above- said accused has said that today you have saved and if got any chance in future I will kill you, and i will erase the mark of 22 people from your family and said that till their revenge is over I will not sit quiet until he does it. When my younger brother came to know about it, he called PCR on 112, after some time the PCR police came and investigated and left. Sir, above-said accused had shot and killed my brother Aamil @ Azad in the year 2018, and the said accused is out on bail. Sir, above-said accused is dangerous type of anti-social element and a criminal type of person. Sir, from the above-said accused, our life, property and honour are in danger. With folded hands, I request that strict legal action be taken against the said accused Please, it will be your kindness. Thank you, Date SD KAMIL RASHID, Applicant Kamil Rashid son of Abdul Rashid, resident of Bisru, Police Station Bichhor, Tehsil Punhana. District Nuh. Mobile No. 9813097856, 8053872628 Today, on the above application being received at the Police Station, FIR No. 143 dated 01.10.2024 under Section 126,287, 351(2) BNS, 25-54-59 A ACT will be registered at the Police Station Bichhor and the case will be registered with computerized copies and will be sent to the service of higher officials and area magistrate sahib and along with the copy of the application, ASI with SPO Tej Singh 408 will go to the spot for investigation.’

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 29.10.2024. Learned counsel has further argued that the petitioner has been falsely implicated in the FIR in question. Learned counsel has further submitted that the prime prosecution witness namely Kamil Rashid (FIR-complainant) has turned hostile when examined as a prosecution witness. Learned counsel has further submitted that the case in hand is of no injury case. 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 9.2.2026 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.

6. The petitioner was