Shubham vs State of Haryana

H.S. Grewal, J.(Oral)

This petition has been filed under Section 482 of BNSS, 2023 (erstwhile Section 438 Cr.P.C.) for grant of anticipatory bail to the petitioner in case FIR No.731 dated 30.12.2023, registered at Police Station Sector-32/33, Karnal, under Sections 148, 149, 302 and 452 IPC, [corresponding Sections 191(3), 190, 103, 333 of BNS, 2023] and Sections 212, 459 IPC [corresponding Sections 249, 331(7) of BNS and Section 25 of the Arms Act were added later on vide challan dated 22.03.2024(Annexure P-3)].

The case of the prosecution is based on the complaint of Kanwar Pal regarding an incident dated 29.12.2023, wherein 10-15 boys allegedly came to his son Sonu and assaulted him, one of them inflicted knife blows, pursuant to which Sonu was taken to Civil Hospital, Karnal, where he was declared brought dead. The FIR was initially registered against unknown persons. After investigation, challan was presented against eight accused. However, during trial, while recording the statement of complainant/PW-1, the petitioner was allegedly named for extending threats to the complainant and his son, pursuant to which an application under Section 319 Cr.P.C. was allowed and the petitioner was summoned as an additional accused vide order dated 15.05.2026.

Learned counsel for the petitioner submits that the petitioner was neither named in the FIR nor attributed any specific role, overt act, weapon or injury, and his name surfaced for the first time during the statement of PW-1 recorded before the trial Court. It is submitted that there is no allegation that the petitioner participated in the fatal assault or shared any common object with the assailants. Learned counsel further submits that no recovery is to be effected from the petitioner and even the investigating agency stated in its reply that no evidence had surfaced against him. It is also submitted that the petitioner, who is not involved in any other case, may be granted the concession of anticipatory bail.

Notice of motion.

On the asking of the Court, Mr. Rakesh Kumar Jangra, AAG, Haryana, accepts notice on behalf of the respondent.

I have heard learned counsel for the parties and gone through the case file.

Without commenting on the merits of the case and considering the overall facts and circumstances, this Court is of the view that the petitioner has made out a case for grant of anticipatory bail.

Consequently, the petition is allowed. The petitioner is directed to appear before the learned trial Court within a period of seven days from the date of receipt of a certified copy of this order. In case the petitioner surrenders before the learned trial Court within the stipulated period and moves an application for grant of bail, the same shall be considered and decided by the learned trial Court on the very same day and he shall be enlarged on bail on furnishing requisite bail/surety bonds to the satisfaction of the learned trial Court, in accordance with law.

With these observations, the present petition stands disposed of.