Malkhan Alias Malkhan Singh v. State of Haryana

212 (1st ca IN

Malkhan

State of H

CORAM

Present:

SUMEET

¶1Bhartiya N bail to the 191(2), 1 BNS, 20 Rewari.

¶2ase) THE HIGH COURT OF PUN CHANDIG

CR Da alias Malkhan Singh

versus Haryana

M: HON'BLE MR. JUSTICE Mr. Nipun Bhardwaj, Advoc Ms. Mahima Yashpal Singla, Mr. Deepak Khandelwal, Ad Mr. Karnesh Verma, Advoca Mr. Rahul, Advocate for the ***** T GOEL, J. (ORAL) Present petition has been Nagarik Suraksha Sanhita (BNS e petitioner in case FIR No.115 90, 115(2), 61(2), 351(2), 329 23, registered at Police Stati On 25.06.2025 the following "1. Through the instant petitio B.N.S.S., 2023, the petitioner seek FIR No.115 dated 03.06.2025, un 351(2), 329(3), 49, 117(2) and 1 P.S. Sector 6, Dharuhera, District

¶2In nutshell, the allegations

27.05.2025, one Vijay Singh an petitioner) unlawfully and f complainant's company namely and, threatened the complainant their lives. Thereafter, on 02.06

NJAB AND HARYANA AT GARH RM-M-33267-2025 te of decision: July 22, 2025

....Petitio s

....Respond SUMEET GOEL ate for the petitioner. , Senior DAG Haryana. dvocate, ate and complainant.

filed under Section 482 of SS), 2023 for grant of anticipat 5 dated 03.06.2025, under Secti

(3), 49, 117(2) and 189(6) of ion Sector-6, Dharuhera, Dist g order was passed:- on, as instituted under Section 482 of ks the concession of anticipatory bai nder Sections 191(2), 190, 115(2), 61 189(6) of the B.N.S., 2023, registered t Rewari. s levelled in the present FIR are that nd his brother Malkhan Singh (pres forcefully entered premises "Weatherseal Fenestration Pvt. Lt and other employees of the company

6.2025, at about 05:40 p.m., when

dent tory ons trict f the il, in 1(2), d at t, on sent of td.",

¶3affidavit d complainant Anurag Chaurasiya break outside the company, five u and they were armed with iron ro bats. These five unidentified complainant Anurag Chaurasiya petitioner and Vijay Singh.

¶3The learned counsel for th FIR, the petitioner has not been n has been alleged to have consp injuries to the complainant and the injuries are simple in nature, are bailable, except the one punis

¶4Furthermore, the learned although the petitioner has a company, however, considering petitioner is ready to undertake henceforth ever make any attem complainant's company, and that the complainant's company. He fu or his brother has any civil dispu will approach the competent auth

¶5At this stage, Mr. Deep appearance on behalf of the c Vakalatnama instituted before thi opposes the grant of anticipatory concedes that, in the present FIR one of the assailants, rather he ha who sent the assailants to inflic Chaurasiya and Ajay Raj Yadav. M in the C.C.T.V. cameras.

¶6The learned counsel for t sole concern of the complai brother/coaccused should not inte the complainant's company. The directed to furnish an underta investigating officer.

¶7Notice of motion for 22.07

¶8Mr. Anant Kataria, D.A.G respondent-State of Haryana.

¶9Be that as it may, conside by the injured are simple in natu attributed to the petitioner; this petitioner to join the investigatio agency, as and when called upon shall be admitted to interim ba satisfaction of the Arresting/Inv abide by the terms and condition the B.N.S.S., 2023.

¶10Moreover, the petitioner investigation, furnish an unde investigating officer, to the brother/coaccused will not make the complainant's company, and/o Learned State counsel has dated 21.07.2025 of Dr. Ravind

and Ajay Raj Yadav were taking a nidentified assailants came there in a ods, wooden danda, hockey and base persons inflicted injuries upon and Ajay Raj Yadav, at the behest of he petitioner submits that, in the pres named as one of the assailants, rather spired with the assailants, who cau Vijay Singh. He further submits that, and, all the offences alleged in the shable Section 351(2) of the B.N.S. d counsel for the petitioner submits t valid contract with the complaina the sore relationship between them, that, neither he nor his brother wo mpt to interfere in the business of t, they will not enter into the premise urther submits that, in case, the petitio ute with the complainant's company, t ority/court of law for redressal thereo pak Khandelwal, Advocate, records complainant, under a validly execu is Court today. Although he vocifero y bail to the petitioner, however, he fa R, the petitioner has not been named as been alleged to be one of the pers t injuries upon the complainant Anu Moreover, the entire incident is recor the complainant further submits that, inant is that, the petitioner or erfere in the day to day business affair erefore, he prays that, the petitioner aking to the above effect before

7.2025. G., Haryana, accepts notice on behal ering the fact that: (i) injury(ies) suffe ure; and (ii) no specific injury has b Court deems it appropriate to direct n and to appear before the investiga n to do so. In the event of his arrest ail on his furnishing bail bonds to vestigating Officer. The petitioner s ns as envisaged under Section 482(2 is directed to, at the time of join ertaking on his affidavit, before effect that, henceforth he or any attempt to enter into the premise or, interfere in its day to day business filed status report by way of der, H.P.S., Deputy Superintend

tea car eball f the sent r he used , all FIR that, ant's ould f the es of they of. his uted usly airly d as ons, urag rded his rs of r be lf of fered been t the ating t, he shall 2) of ning his es of ." f an

of Police Learned S order date required f

¶4the grant are seriou anticipato justice as the compl

¶5perusal of having j interrogat made abso of BNSS condition attempt to to day bus

¶6be read g confined other incid

¶7cancellati

(HQ), Rewari, District Rewari State counsel (on instructions) ed 25.06.2025, the petitioner h for custodial interrogation. Learned counsel for the com of anticipatory bail stating that t us in nature and in case, he ory bail, there is all likelihood th also interfere with the prosecut lainant has further iterated that th Having heard learned couns f the record, especially keeping i oined investigation and Sta tion, the interim order dated 25 olute, subject to the conditions a S, 2023. However, the petiti imposed upon him, and that, o enter into the complainant's co siness. This order should not be trea granting petitioner indefinite pr to the FIR mentioned ibid and dent that involves commission o Liberty is reserved in favour on/recall of this order in case th

, and the same is taken on reco has submitted that pursuant to has joined investigation and is mplainant has vehemently oppo the allegations against the petitio e is extended the concession hat he may flee from the process tion evidence. Learned counsel he petitioner is a habitual offend sel for the rival parties and up in view the factum of the petitio ate not requiring the custod

5.06.2025 passed by this Cour as enumerated under Section 482 oner shall remain bound by henceforth he will not make a ompany and/ or interfere in its d ated as "blanket" order. It will rotection from arrest. It shall will not operate in respect of a of an offence. r of State/complainant to move he petitioner violates any condit

ord. not osed of s of for er. pon dial t is 2(2) any day not be any for

stipulated sufficient

¶8be constru

July 22, 2 mahavir

Whether s

Whether r d under Section 482(2) of BNSS cause. Needless to say that anythin ued to be an opinion on the merit

2025 speaking/reasoned:

reportable:

S, 2023 or upon showing any ot ng observed herein above shall ts of the case. (SUMEET GOEL)

JUDGE s/No

s/No

ther