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2025 Supreme(Online)(P&H) 29422

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DHEERAJ KUMAR – Appellant
Versus
STATE OF HARYANA – Respondent
CRM-M_60475_2024



IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 17th October, 2025 Dheeraj Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Mandeep Nehra, Advocate for the petitioner.

Mr. Apoorv Garg, Addl. A.G., Haryana.

***

M ANISHA BATRA, J. (Oral)

1. The instant one is the second petition that has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to him in case bearing FIR No. 281 dated 27.08.2023, registered under Sections 148, 149, 323, 341, 506 and 307 of IPC (Section 201 of IPC added later on) at Police Station Chhapar, District Yamuna Nagar.

2. As per the allegations, on the evening of 26.08.2023, complainant Amit along with his brother Sachin, Abhi, Vasu and Paras was going towards Shani Dev Temple, Saraswati Nagar on their bikes and when they reached near the chowk of Ramleela Ground, accused Varish, who was present there, made an exhortation and thereafter, the petitioner along with the above named Varis, Nikhil and 7-8 more persons stopped their bikes and opened an assault upon the complainant and his companions. All of them were armed with weapons. Complainant Amit managed to flee to save himself but his brother Sachin, Paras and Vasu sustained injuries at the hands of the accused and were admitted in Hospital. After registration of FIR, investigation proceedings were initiated. During Investigation, the petitioner was arrested on 10.09.2023. He suffered disclosure statement admitting his involvement in the crime and also stated that he had burnt the wooden stick used him during the occurrence. Offence under Section 201 of IPC was added. The other accused were also arrested. Investigation now stands completed and the petitioner along with the co-accused is facing trial for the commission of aforementioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. No specific injury has been attributed to him. As per the investigating agency, he was carrying a danda at the time of occurrence but no such recovery has been effected. The place of occurrence as mentioned in the FIR was found to be wrong since investigation has revealed that the occurrence took outside the house of co-accused Varis. The entire prosecution story is false. The injury which has been described as dangerous to life has not been attributed to him. The trial is likely to take time. His further incarceration would not serve any useful purpose. It is, therefore, urged that he deserves to be released on bail.

4. Status report has been filed by the respondent-State. It is argued by learned State counsel that there are serious and specific allegations against the petitioner as he along with the co-accused had caused simple as well as grievous injuries to victims. Injury No.2, on the person of victim Sachin, has been opined to be dangerous to life, whereas injury No. 4, on the person Vasu, has been declared to dangerous to life. There are chances of petitioner’s intimidating the witnesses and absconding, if extended benefit of bail. It is, therefore, urged that the petition does not deserve to be allowed.

5. This Court has heard the rival submissions.

6. The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common object thereof, is alleged to have caused simple as well as grievous injuries to victims Sachin and Vasu and Paras. No doubt, some injuries on the person of Sachin and Vasu were found to be dangerous to life. However, it is only on the basis of the evidence to be produced during trial that it can be assessed that these injuries were caused by the petitioner and not by someone else. The petitioner is in custody since 10.09.2023. The trial is likely to take considerable time to conclude as most of the prosecution witnesses are yet to be examined. There is no basis for the conten

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