IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rupesh ....Petitioner V/s State of Haryana ....Respondent Date of decision: 12.02.2026 Date of Uploading : 12.02.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Akash Vashisth, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG Haryana.

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SUMEET GOEL, J. (Oral)

1. Present second 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 bearing FIR No.297 dated 21.06.2024, registered for the offences punishable under Sections 148, 149, 307, 323, 427 of IPC and Sections 25, 27 of the Arms Act, 1959 (charge sheeted under Section 148, 307, 323, 427, 120-B of IPC and Sections 25, 27 of Arms Act, 1959) registered at Police Station Hodal, District Palwal (Haryana).

2. The gravamen of the FIR in question reflects that complainant namely Neetu submitted a complaint stating that on 21.06.2024, he and his friends Bhola (also known as Narveer), Hemu (also known as Hembabu) and Rambabau went to Jeet Nutrition Gym near Hasanpur Chowk, Hodal. After finishing their workout, they parked their car near Chirag Juice Corner to drink juice. Around 09:00/09:30 PM, a black Scorpio car arrived and from the said car accused Girdhar, alongwith his associates Bhola, Rupesh (petitioner herein), Rohit, Yash, Monty, Pradeep and Trilok @ Kalu enlightened. They were carrying weapons. Two or three other boys also came on motorcycles and they were also carrying illegal guns. Accused Girdhar, who had a pistol, pointed it at Bhola alias Narveer. Meanwhile, his associates started damaging the car of the Neetu. Thereafter, accused Girdhar told Rupesh (petitioner herein) to shoot and accordingly Rupesh (petitioner herein) fired a shot from a country made pistol directly at the chest of Bhola with an intention to kill him. The other accused persons namely Bhola alias Praveen, Rohit, Yash, Monty and Pradeep also fired shots at Neetu and his friends. It has been further alleged that the assault was on account of an earlier fight between Neetu and group of Girdhar that had taken place six months before this incident. After shooting, Neetu and his friend Deepak took the injured Bhola to the Government Hospital in Hodal. Due to the serious condition, he was referred to Metro Hospital, Faridabad for further treatment. Based on these set of allegations, the FIR in question was got registered. The petitioner was stated to be arrested on 24.07.2024. Thereafter, the petitioner was granted the concession of interim bail for two months from 07.09.2024 to 07.11.2024 vide order dated 04.09.2024. He was directed to surrender before the Court on 07.11.2024. However, on account of illness and medical treatment, he could not surrender on the said date and eventually surrendered on 03.02.2025.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 24.07.2024. Learned counsel has further iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that though the allegations against the petitioner is of firing a shot into the chest of the injured but the prime witnesses including the FIR-complainant (Neetu) and the injured witness - Bhola alias Narveer are not repeatedly coming up to have their testimonies recorded despite bailable/non-bailable warrants having been issued. Learned counsel has further submitted that the petitioner, in another incident, has lost four fingers of his left hand besides the ring and little fingers of his right hand having been amputated. According to learned counsel, the petitioner is unable to perform his day to-today affairs on his own and needs attendant on routine basis. On the strength of these submissions, the grant of regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and thus,