Rohit v. State of Haryana and Others

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

22.04.2025 Urban Estate Hisar, District Hisar 115, 118(1), 126, 190, 191(2) & 351(3) of BNS 2023 (110 of BNS 2023 added later on)

¶1The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.

¶3The facts and allegations are being taken from the translated copy of FIR, annexed with the petition as Annexure P-1, which reads as follows: "Statement of Baljinder Singh son of Nirmal Singh resident of Saniyana Tehsil Tohana District Fatehabad. Aged 28 years. Education up to 5th standard. Stated that I am resident of above mentioned address and I am working on welding shop at Nirankari Bhawan Road. Today on dated

22.04.2025 I was coming to Hissar from Uklana by train. I was accompanied by my friends Sonu and Karan. There was huge rush in the train. That leg of my friend Karan got touched with the leg of Rahul who was sitting in the train and on this Rahul resident of Bheriya started

calling names to both of us and there was altercation between us and on this we asked him brother please don't call names. On this Rahul said you just go to Hisar and there I will see you. We told him that nothing matters you can see us. That after alighting from train at Hissar railway station when we proceeded towards our shop at Nirankari Bhawan Road and when me and my friend Karan after crossing the railway crossing going towards Nirankari Bhawan Road then Rahul Baheria came and Rahul on his arrival at once slapped me and blocked my way and also gave me leg and fist blows. After that Rahul's brother picked up a stone and hit the same on my head after that Sonu and Karan tried to rescue me then Rahul attacked Sonu with knife and then that knife blow hit on the thigh of Sonu and after that Rahul, his brother, Gulshan resident of Madan Pura, Sunder resident of Madan Pura, Pushkar resident of Hisar and 6-7 boys who have come with them have given fist and leg blows to all three of us. They beat us badly and while going they threatened that today they are saved and if in future if they try to raise any dispute then they will kill us. That during this scuffle around Rs.40,000 fell from my pocket there and that I was not able to find them. Rahul Bheriya, Rahul's brother, Gulshan resident of Madan Pura, Sunder resident of Madan pura and Pushkar resident of Hissar along with 6-7 persons who have came with Rahul have blocked our way without any reason and gave us beating. They also threaten to kill. After the fight we arrange for conveyance and went to Civil Hospital Hissar. There doctor started our treatment. I have given my statement in front of Karan and Sonu. The same is read over and is correct. You take legal action against Rahul and his brother, Gulshan, Sunder and Pushkar along with others who have gave us beatings and justice be given to us. SD/- Karan Singh Sonu Kumar, Baljinder Singh. Attested ASI Sher Singh 789 PP UE II, Hisar. Dated 22.04.2025."

¶4The petitioner's Counsel submits that the matter stands compromised with all the victims and the compromise deed is annexed as Annexure P-2.

¶5The victims' Counsel also admits the factum of compromise and states that they have no objection to the petitioner's bail.

¶6The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Counsel further submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including

that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection.

¶7The State's counsel opposes bail. REASONING:

¶8Per paragraph 15 of the bail petition, the petitioner has been in custody since

31.05.2025. Per the custody certificate dated 26.07.2025, the petitioner's total custody in this FIR is 01 month & 26 days.

¶9Because of no objection to the bail by the victim(s), this Court is inclined to grant bail with clarification that this bail on compromise shall not amount to the acceptance of compromise by the prosecution or the Court.

¶10Given the compromise, the penal provisions invoked vis-à-vis pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage, subject to the compliance with the terms and conditions mentioned in this order.

¶11The petitioner's bail shall not be treated as a precedent for granting bail to other co-accused, if any.

¶12Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail.

¶13Given the above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above, subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

¶14While furnishing a personal bond, the petitioner shall mention the following personal identification details:

¶1AADHAR number

¶2Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶15This order is subject to the petitioner's complying with the following terms.

¶16The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case, or dissuade them from disclosing such facts to the Police or the Court.

¶17The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner's behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition.

¶18This bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail.

¶19Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶20A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

¶21Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA)

JUDGE

31.07.2025 anju rani

No.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 28.07.2025 Pronounced on: 31.07.2025 Rohit ...Petitioner Versus State of Haryana and others …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vikas Bishnoi, Advocate for the petitioner. Dr. Jasmine Gill, AAG, Haryana. Mr. Amandeep Chhabra, Advocate for respondent No.2 to 4. ****