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2026 Supreme(Online)(P&H) 77678

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sumeet Goel, J
JAGTAR SINGH – Appellant
Versus
STATE OF HARYANA – Respondent
CRM-M No.22218 of 2026



Advocates:
For the Appellants/Petitioners: Robin Dutt, Kartar Singh
For the Respondents: Gurmeet Singh

Regular bail may be granted to an undertrial when the investigation is complete and charges are framed, but no prosecution witnesses have been examined, provided there is no risk of the accused absconding or tampering with evidence.

Headnote:The petition was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in a case registered under Sections 190, 191(2), 191(3), 115(2), 117(2), 126, 140(3), 140(4), 331(7), 333, and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. The case arose from allegations that the petitioner and others assaulted a neighbor with iron rods and sticks and forcibly transported him in a tractor trolley following a dispute over the disposal of empty bottles in the victim's field. The court noted that the petitioner had been in custody since December 12, 2025, and the victim had already been discharged from the hospital. The primary issue was whether the petitioner was entitled to regular bail given the nature of the allegations. The court observed that although charges were framed, none of the 18 prosecution witnesses had been examined to date. The court reasoned that further detention of the petitioner as an undertrial was not warranted as there was no evidence to suggest the petitioner would abscond or interfere with the prosecution evidence, stating that the merits of the implication would be decided during the trial. In view of above, the present petition is allowed.

Table of Content
1. allegations of assault and kidnapping involving multiple accused and weapons. (Para 1 , 2)
2. competing arguments regarding false implication versus the seriousness of criminal allegations. (Para 3 , 4)
3. bail eligibility based on duration of incarceration and lack of witness examination. (Para 5 , 6)
4. grant of bail subject to conditions to prevent trial interference. (Para 7 , 8 , 9 , 10)

SUMEET GOEL, J. (ORAL)

1. Prayer in the present petition filed under Section 483 of BNSS 2023 is for grant of regular bail to the petitioner in case FIR no. 251 dated 18-10-2025 registered under Sections 190 , 191(2), 191(3), 115(2), 117(2), 126, 140(3), 140(4), 331(7), 333, 351(2) of BNS, 2023, at Police Station Kalanwali, Police District Dabwali, District Sirsa.

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

‘Statement of Vakil Singh son of Nachhatar Singh resident of Dhani, Village Deshmulkana, District Sirsa aged about 55 years. Mob: 80533-42315. Stated that I am a resident of the above address and do farming. The fields of my family member Lovepreet Singh son of Jagtar Singh alias Jagga resident of village Deshumalkana adjoins my fields. When Lovepreet Singh comes to his farm in the evening then after consuming liquor, he throws the empty glass bottles in my field. I reprimanded Lovepreet Singh and his father Jagtar Singh alias Jagga several times about throwing the empty bottles but they started abusing me and keeping a grudge for this, today i.e. 18.10.2025, when I was sleeping inside the boundary wall of my house in the Dhani and my wife Pramjeet Kaur and my mother were sleeping in the room inside the house of my Dhani, at around 1:00 AM, Lovepreet Singh son of Jagtar Singh alias Jagga Singh, Jagtar Singh alias Jagga son of Surjeet Singh alongwith 4/5 other persons whose names I do not know came outside my house/Dhani in a tractor trolley and started knocking on the gate of my house/Dhani, I opened the gate, Lovepreet Singh was holding an iron rod in his hand. Jagtar Singh alias Jagga and 4/5 others were holding wooden sticks in their hands. All of them entered my house and started beating me. I raised a noise of Maar Diya Maar Diya then they picked me up and put me inside the tractor trolley and Lovepreet Singh drove the tractor trolley to his fields. Then all of them threw me down from the trolley and started beating me with iron rods and sticks. Jagtar Singh alias Jagga and 4/5 others held me down. Lovepreet Singh hit the iron rod in his hand directly on the calf of my right leg and then twisted my leg by putting the rod in it and Jagtar Singh alias Jagga hit my left hand with the stick in his hand. I kept shouting but no one listened to me. Then all of them together put me in a trolley and thrown me at the gate outside my Dhani/house and threatened to kill me, all of them fled in the tractor trolley with their respective weapons. I shouted loudly "Maar diya maar diya", then my wife Pramjeet Kaur came running out and I told the whole story of the incident to my wife Pramjeet Kaur. My wife called Sarvjeet Singh son of Kulwant Singh, resident of village Deshumalkana of my own village, who came and arranged for the treatment and got me admitted to the Government Hospital Kalanwali for treatment. The doctor of Government Hospital Kalanwali gave first aid to me and referred me to the Government Hospital Sirsa. Instead of going to Government Hospital Sirsa, Sarvjeet Singh got me admitted to City Health Care and Neuro Research Centre Sirsa. Lovepreet Singh, Jagtar Singh alias Jagga, residents of Deshmalkana, and four or five other individuals assaulted me without reason with iron rods and sticks. Strict legal action should be taken against all of them. I have got written my statement in presence of Sarvjeet Singh son of Kulwant Singh resident of Deshumalkana which is heard and is correct. Sd/- Sarvjeet Singh.’

3. Learned counsel appearing for

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