Punjab-Haryana High Court
Imtiyaj vs State Of Haryana on 6 November, 2025
CRM-M No.56326 of 2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
223/3
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CRM-M No.56326 of 2025
Date of decision : 6.11.2025
Imtiyaj .............Petitioner
Versus
State of Haryana .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Sahil Choudhary, Advocate, for the petitioner
Mr. Deepak Grewal, DAG, Haryana
Mr. L.M. Gulati, Advocate, for the complainant
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SUMEET GOEL, J. (ORAL)
1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.135 dated 25.5.2023 under Sections 120-B, 148, 302, 323, 324, 452 and 506 read with Section 149 of the IPC, registered at Police Station Sadhaura, District Yamuna Nagar.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
'Statement of Khaliq S/o Anwar R/o Village Ismailpur, Police Station Sadhaura, District Yamuna Nagar aged about 22 years, Mobile No. 9541111861 stated that I am a resident of the above mentioned address and doing the work of Band Baja. We are four brothers and six sisters, my eldest brother is Manavar, younger to him is Tassavar, younger to him than is Sadam and I am the youngest to all of them, all my sisters are 1 of 7 ::: Downloaded on - 12-11-2025 02:32:56 ::: CRM-M No.56326 of 2025 -2- married. That the marriage of my eldest brother Manavvar was solemnized with. Imrana R/o Sarsawa and out of this wedlock Manvar has one son Saish and one daughter Rozy. On 24.05.20023, the retirement party of Abdul Hameed of my village was at Pooja Palace Sadhora, me and my family attended this party. After this party in the evening at about 5:30 PM, my brother Sadam took his bullet motorcycle and went to take fodder for the animals, that on the way Tushar S/o Rahish Mohammad and Mehtab S/o Dilshad R/o village Ismailpur, Police Station Sadhaura District Yamuna Nagar in front of his house stopped my brother Sadam And quarrel and pacified the matter by extinguishing it and said that Tushar and Mehtab have now drunk alcohol and the matter will be resolved by sitting tomorrow morning. Regarding this abusing, the other party and we had given a complaint in the police station. Today in morning at around 08:30 AM Mehtab son of Dilshad @ Pammi R/o village Ismailpur, Police Station Sadaura district Yamunanagar came to our house and started abusing as soon as he came. Imtiaz s/o Dilshad R/o village Ismailpur, Police Statin Sadaura, District Yamuna Nagar carrying a sharp weapon (bicycle gear half-cut on an iron pipel in his hand and Tushar s/o Rahish Mohammad resident of village Ismailpur P.S. Sadhaura with an iron punch in his hand, Vicky @ Sanovar S/o Sharafat resident Kakrali, District Kurukshetra sharp edged knife in his hand, Shahid @ Petrol s/o Irshad resident of Ismailpur Irshad, a resident of Ismailpur who was carrying a knife in his hand and Zahir S/o Irshad R/o Ismailpur was having an iron rod in his hand, all the accused came at once and started attacking our house who were stopped by the surrounding people from quarreling and the quarrel was almost over. Later Irshad, Dilshad and Tahir son of Bashir R/O village Ismailpur came and started beating my brother Sadam, Tasavar, Manavar and me and sister-in-law Imrana wife of Manavvar and also started fighting with my mother Begum wife of Anwar. As soon as my brother-in-law Wajid son of Sahadat Ali resident of Sarsawa, District Saharanpur Uttar Pradesh and other people ran towards us to save me and my family members from assault, at that time Mehtab S/o Dilshad @ Pammi R/o Village Ismailpur, P.S. Sadaura, District Yamunanagar, Imtiaz s/o Dilshad R/o Ismailpur, P.S. Sadaura District Yamuna Nagar, Tushar s/o Rahish Mohammad I/o Village Ismailpur, P.S. Sadaura, Vicky @ Sanovar s/o Sharafat R/o Kakrali, District Kurukshetra, Shahid @ Petrol S/o Irshad 1/0 Ismailpur and Zahir 2 of 7 ::: Downloaded on - 12-11-2025 02:32:56 ::: CRM-M No.56326 of 2025 -3- S/o Irshad R/o Ismailpur attacked me and my brother Sadam, Tasavar, Manavar and my mother Begum, father Anwar, sister-in-law Imrana etc. with the weapons carrying in their hands. Tahir son of Vashir resident of village Ismailpur hit Manavar in the head with a punch held in his hand.
Imtiaz hit in front of the head of Manavar with a sharp edged weapon la bicycle gear half-cut on an iron pipel carrying in his hand due to which Manavar immediately fell down, Vicky @ Sanovar son of Sharafat stabbed knife in the Manavar's waist as soon as Manavvar fell and after putting the knife he twisted the knife due to which profuse bleeding started from Manavar's waist. Tushar hit on the head of Manavar with the punch carrying in his hand. Mehtab S/o Dilshad @ Pammi R/o village Ismailpur, P.S. Sadhaura District Yamunanagar, Shahid @ Petrol S/o Irshad R/o Ismailpur and Zahir son of Irshad R/o Ismailpur also attacked Manavar when he was lying down with the weapons carrying in their hands and Irshad also attacked my brother Manavar who was lying down with a stick. Iushar punched me on my face and head and Zahir S/ Irshad hit me on the head, when I raised my right arm to save myself, then road of Zahir was hit on my right arm. Irshad hit me on the head with a stick held in his hand and threatened to kill me or my family. My brother-in-law Wajid with the help of other people, put my brother Manavar in our vehicle bearing No. HR 71 K-2437 and took him to the Community Health Center, Sadhaura where the doctor declared my brother dead after checking. Irshad, Dilshad and Tahir S/o Basheer R/o village Ismailpur, Mehtab S/o Dilshad @ Pammi R/o village Ismailpur, P.S. Sadhaura, District Yamunanagar, Imtiaz s/o Dilshad resident of village Ismailpur, P.S. Sadhaura District Yamuna Nagar, Tushar s/o Rahish Mohammad resident of village Ismailpur, P.S. Sadhaura, Vicky @ Sanovar S/ Sharafat resident of Kakrali District Kurukshetra, Shahid @ Petrol s/o Irshad R/e Ismailpur and Zahir s/o Irshad R/o Ismailpur in connivance with each other attack me and my family members and in the conspiracy of fight Ajaz @ Ajju S/o Rahish R/o Ismailpur, Moin @ Moni s/o Dilshad R/o Ismailpur, Rahish s/o Shabbir 1/0 Ismallpur, Shamshad @ Billa s/o Bashir R/o village Ismailpur, Praveen wife of Rahish resident of vIllage Ismailpur, Rumi wife of late Asif resident of Ismailpur, Rukhsana wife of Irshad resident of Ismailpur, Gulshana wife of Shamshad resident of Ismailpur, Mumtaz wife of Dilshad resident of Ismailpur were also involved. Due to which me and my family received injuries and my brother Manavar s/o Anwar resident of 3 of 7 ::: Downloaded on - 12-11-2025 02:32:56 ::: CRM-M No.56326 of 2025 -4- village Ismailpur, Police Station Sadhaura, district Yamunanagar died. Legal action be taken against Irshad, Dilshad and Tahir s/o Basheer Wasian s/o Ismailpur, Mehtab S/o Dilshad @ Pammi S/ Village Ismailpur, P.S. Sadhaura, District Yamunanagar, Imtiaz s/o Dilshad R/o Ismailpur P.S. Sadaura District Yamuna Nagar, Tushar s/o Rahish Mohd R/o Village Ismailpur P.S. Sadaura, Vicky @ Sanovar S/o Sharafat resident of Kakrali District Kurukshetra Shahid @ Petrol s/0 Irshad I/o Ismailpur and Zaheer s/o Irshad I/O Ismailpur and others as mentioned above. Today I have got recorded my statement to you, read, heard and is correct. Sd/- Khalik.'
3. Learned counsel for the petitioner has argued that the petitioner is in custody since 26.5.2023. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the complainant had made a futile attempt to implicate several members of the same family and the petitioner, who was not even present at the place of occurrence, has been wrongly named as one of the assailants in the present case. Learned counsel further contends that it has been alleged that the petitioner and Tushar had caused an injury with an iron punch on the head of Manovar, since deceased. Learned counsel further contends that during the course of investigation, the police has shown the recovery of an iron punch from Tahir, however, as per FSL report, it was not blood stained, which clearly rules out the involvement of the petitioner in the crime. Learned counsel further contends that even from the perusal of Post Mortem Report of Manovar (Annexure R-1), it is established that the injury on the upper part of the forehead of the deceased was not caused with an iron punch. Learned counsel further contends that even the complainant side has concealed the genesis of the occurrence. In reality on 24.05.2023, the 4 of 7 ::: Downloaded on - 12-11-2025 02:32:56 ::: CRM-M No.56326 of 2025 -5- complainant party had forcefully trespassed into the house of the accused and had caused injuries to them. Even GD entry No.24 dated 24.05.2023 was entered in this regard, but no action was taken against the complainant party. Learned counsel further submits that in the present case, the statement of PW-1 Khaliq was initially registered and after recording his statement, the prosecution has moved an application under Section 319 Cr.P.C. for summoning additional accused in the present case. Learned counsel further contends that even 13 persons are already facing prosecution in the present case. Thus, regular bail is prayed for.
4. Learned State counsel as well as counsel for the complainant have opposed the present petition by arguing that the allegations raised are serious in nature. They further submit that the petitioner had actively participated in the commission of crime and thus the petitioner does not deserve the concession of the regular bail. However, they admit that the petitioner is the first offender and is not involved in any other criminal activity in the past. Learned State counsel seeks to place on record custody certificate dated 4.11.2025 in Court, which is taken on record.
5. I have heard counsel for the parties and have gone through the available records of the case.
6. The petitioner was arrested on 26.5.2023 wherein after investigation was carried out and challan stands presented on 14.8.2023. Total 26 prosecution witnesses have been cited, out of which only 10 have been examined till date. It is, thus, indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel 5 of 7 ::: Downloaded on - 12-11-2025 02:32:56 ::: CRM-M No.56326 of 2025 -6- give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.
As per custody certificate dated 4.11.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 years, 5 months and 8 days & is not shown to be involved in any other case.
Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.
7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport, if any, with the trial Court.
(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
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(vii) The petitioner shall not in any manner try to delay the trial.
8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
(SUMEET GOEL) JUDGE 6.11.2025 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 7 of 7 ::: Downloaded on - 12-11-2025 02:32:56 :::