CRM-M/47944/2026 of NARAYAN SINGH Vs STATE OF HARYANA on 2 September 2026

1. Present 1st petition has been filed under Section 483 of the BNSS, 2023 seeking grant of regular bail to the petitioner, in case FIR No.03 dated 05.01.2026, registered under Sections 109(1) and 3(5) of BNS, 2023 (Section 140 (3), 238(2) of BNS added later on), at Police Station Rai, District Sonipat, Haryana.

2. The FIR in question pertains to injuries caused to one Himanshu which is attracted the offence under Section 109 of BNS (Corresponding Section 307 of IPC)

3. Learned counsel for the petitioner has urged that the petitioner is in custody since 03.07.2025. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel for the petitioner has further urged that there is no specific role attributed to the petitioner but the same is specifically attributed to one co- accused, namely Varinder @ Satish, who is in custody. Learned counsel for the petitioner further urged that the injury which has primarily invoked Section 109 of BNS (corresponding Section 307 of IPC) is also attributable to co-accused, namely Virender @ Satish. It has been further contended that the petitioner has already suffered incarceration of more than 01 months and has clean antecedents. On the strength of these submissions, the grant of regular bail is entreated for.

4. In oppugnation, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature. According to learned State counsel, the petitioner has participated in the alleged occurrence & serious injuries has been caused to the injured on his head. Learned State counsel seeks to place on record the custody certificate dated 31.08.2026, in Court today, which is taken on record.

5. I have heard counsel for the rival parties and have gone through the available records of the case.

6. The petitioner was arrested on 03.07.2026 and remain in custody since then; challan, upon culmination of investigation, already stands filed on 30.07.2026 and total 32 prosecution witnesses have been cited, but none has been examined till date. The rival contention raised at Bar give rise to debatable issues, which shall essentially 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 31.08.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 01 month & 29 days.

7. Keeping in view the entire factual milieu of the case in hand; especially the nature of the allegations against the petitioner, the petitioner not clearly attributed any motive for inflicting injury(s), no specific injury attributed to the petitioner, the specific injury on the head of the injured which has invoked Section 109 of BNS (corresponding Section 307 of IPC) being attributable to co-accused, namely Virender @ Satish & as the petitioner being a man with clean antecedents, this Court is inclined to afford bail to the petitioner.

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

8. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, 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 cellphone 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.

(vii) The petitioner shall not in any manner try to delay the trial.

9. 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 for cancellation of bail of the petitioner.

10. Ordered accordingly.

11. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

11. Since the main case has been decided, pending miscellaneous application, if any, shall also stand disposed off.

(SUMEET GOEL)

JUDGE September 02, 2026 Kamal Gandhi

Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No