Akash Yadav vs State Of Haryana

Vinod S. Bhardwaj, J

Thee instant first petition has been fiiled under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case bearing FIR No.352 dated 31.10.2025 registered under Sections 118(2), 190, 191(3), 351(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Manesar, Gurugram.

Lawwyers are abstaining from work on account of a call from the High Court Bar Association.

Thee FIR in the instant petition came to be registered on 09.10.2025 upon receipt of a telephonic inforrmation from the concerned Police Station too the effect that one Kuldeep, son of Shri Babulal, resident of Mohalla Kotikua, District Rewariand a student of Amity University, Panchgaon, had sustained injuries in a quarrel and was admitted to Prakash Hospital, Maneesar. Upon receipt of the said information, ASI Prakash reached Prakashh Hospital, Manesar, where thee medico-legal report (MLR No. 1546/2025 dated 09.10.2025) of the injuredd Kuldeep was obtained. The injured was askeed to give his statement, howeveer, he stated that he would do so after due thoought. On 10.10.2025, a fresh opinion was sought from the attending doctorr regarding the fitness of the injuured to make a statement and the injured was declared fit for statement. Even thereafter, Kuldeep declined to make a statement, stating that he would do so after consulting his family members. In the meantime, treatment papers of the injured were collected from Prakash Hospital and the medical opinion was obtained. Subsequently, on 31.10.2025, the complainant Kuldeep, along with his family members, appeared at the Police Station and submitted a written complaint. In the said complaint, he averred that on 09.10.2025 at about 12:30 p.m., he was sitting inside the university canteen with his friends Mitlesh and Manjeet, when Akash (Bouncer), Sunny, Nishant, Shiva, Shravan and others entered the canteen. Akash started abusing them and upon being questioned, Akash and Sunny took out knives from their pant pockets, threatened to kill him and Akash attacked him with a knife aimed at his neck. The complainant claimed that he raised his left hand in defence, as a result of which the knife struck his fingers and two fingers of his left hand were severed. It was further alleged that Sunny also attempted to attack him with a knife, while the other accused assaulted him with kicks and blows. Upon his friends raising an alarm, other students gathered at the spot, following which the accused started retreating, while threatening to kill the complainant if they got another opportunity. The complainant further averred that a police vehicle arrived at the spot and one Harsh took him to Prakash Hospital, Manesar, for treatment. He stated that while leaving the spot, Akash and Sunny threatened him with dire consequences, including expulsion from the university, if he reported the matter to the police, on account of which he was initially scared and did not lodge the complaint. It was only thereafter, on 31.10.2025, that he approached the police along with his family members and submitted the written complaint. On the basis of the aforesaid complaint, the present FIR came to be registered.

Surender Yadav, appearing on behalf of the petitioner herein submits that the petitioner was actually working as a Security Guard in the Amity University and that the incident in question arose out of a clash between two rival groups of students, who had entered into a physical altercation with each other on the university premises. It is contended that the petitioner, in discharge of his official duties as a Security Guard, intervened solely with the object of preventing the fight and restoring order and did not participate in any assault. It is further asserted that the entire incident was captured in the CCTV footage installed within the college premises. Due to the damage caused to the college property during the said incident, FIR No. 331 dated 10.10.2025 came to be registered at Police Station Manesar, Gurugram under Sections 115, 117(2), 126, 190, 191(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, against the complainant in the present case and his accomplices. The accused persons in the said FIR were subsequently granted the concession of regular bail. The present FIR got registered as a cross-case, under pressure exerted by the students’ faction, with a view to falsely implicate the petitioner for having intervened in the incident. It is submitted that the true genesis of the occurrence is yet to be determined. It is further submitted that the petitioner has been in judicial custody since 12.11.2025 and his continued custodial detention is neither necessary.

ASI Satish, No. 127/Nuh, District Nuh, while opposing the prayer, submits that the injury attracting Section 118(2) of the Bharatiya Nyaya Sanhita, 2023 is specifically attributed to the present petitioner and that, during the course of investigation, a knife has been recovered from his possession. On a specific query put by this Court regarding the number of accused persons involved in the incident, the Investigating Officer states that a total of 5 persons have been arraigned as accused in the present FIR. He further concedes that only one injury has been sustained by the complainant in the entire incident. He is not in a position to furnish specific details regarding any recovery effected from the remaining accused persons, apart from the recovery attributed to the petitioner. It also remains undisputed that the investigation is still ongoing and that the final report/challan has not yet been filed.

I have perused the record and have gone through the petition as well as documents appended alongwith it.

Taking into consideration the circumstances leading to the registration of the present case including the undisputed fact that the petitioner was employed as a Security Guard at Amity University and was present at the spot in that capacity; the period of actual custody already undergone by the petitioner; the nature and extent of injury sustained by the complainant and the stage of the proceedings, wherein the investigation is still incomplete and the final report is yet to be filed, I deem it appropriate to allow the present petition.

The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned.

It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.

The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material.

Pending application(s), if any, shall stand disposed of.