Sumeet Goel, J.
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.314 dated 08.12.2025 under Sections 115(2), 126(2), 109, 351(2), 3(5) of BNS, registered at Police Station City Rupnagar, District Rupnagar.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
“Copy of Statement:- Statement of Harish Chander Bedi, son of Tilak Raj, resident of House No. B-1/155, Mohalla Sekha, Rupnagar, Police Station City Rupnagar, District Rupnagar. Age about 50 years, Mobile No. 98556- 51427. He stated that I am a resident of the above-mentioned address. I have a grocery shop near Guru Ravidas Gurdwara, Sekha Mohalla, Rupnagar. On 06.12.2025, in the evening, I was going on foot from my shop to my house for some necessary work. When I reached near the rear gate of my house, at about 06:00 PM, in the street where my house is situated, Priyansh, resident of Balmiki Mohalla, Rupnagar, whom I already knew due to acquaintance, was standing with a girl in an objectionable condition. On seeing them, when I asked them to leave from there and not to do such acts at that place, in the meantime the girl ran away from the spot. Thereupon, Priyansh took out an iron daat from his dub and directly struck a blow on my left arm, due to which I tried to save myself. He then called someone on the phone and said that he had a fight and asked them to come near Guru Ravidas Gurdwara, Pipli side. Within a few minutes, three more young boys came on a motorcycle. I already knew the boy who was driving the motorcycle due to acquaintance; his name is Lakshay, resident of Balmiki Mohalla, Rupnagar. The Two young boys sitting behind asked something from Priyansh, and Lakshay caught hold of my arm and took me to one side. In the meantime, Lakshay signalled his companions to beat me. Those young boys surrounded me, and one of the young boy who had come with Lakshay, whose name I later came to know as Jashan, resident near Jagjit Nagar, Rupnagar, struck me with a kirch held in his hand on my left side. Priyansh, resident of Balmiki Mohalla, Rupnagar, struck me with the iron daat held in his hand on the left side of my head with the intention to kill me, due to which I fell on the ground. Thereafter, Lakshay and the young boys who came with him on the motorcycle, whose name I later came to know in as Fezaan, resident of Shampura, kicked me the stomach while I was lying on the ground and were saying that today they would not spare me alive. Due to the blows inflicted by them, blood started oozing from my head and arm. All the youths, along with their weapons, fled from the spot on the motorcycle while giving threats to kill me. In my injured condition, my acquaintance Happy, resident of Sekha Mohalla, Rupnagar, took me to Civil Hospital, Rupnagar. Lakshay also came there after some time and stopped my admission and again gave threats to kill me and then fled from the spot. The doctor gave me first aid and referred me to GMCH Sector-32, Chandigarh, from where I have now been discharged.Legal action be taken against the youths who fought with me and injured me with weapons, namely: Priyansh, resident of Balmiki Mohalla, Rupnagar. Lakshay, resident of Balmiki Mohalla, Rupnagar, Jashan, resident of Jagjit Nagar, Rupnagar and Fezaan, resident of Shampura, District Rupnagar Today, after coordinating with you, I have come to the Police Station and got my statement recorded before you. The same has been read over to me and is correct. Sd/- Harish Chander Bedi. Verified correct Sd/- Rajinder Singh, ASI Police Station City Rupnagar Dated 08.12.2025. Police Proceedings:- A ruqa was received from Civil Hospital, Rupnagar regarding injured Harish, resident of Sekha Mohalla, Rupnagar, having sustained injuries during a fight. MLR No. MLR/RB/21/25/CHR dated 06.12.2025. Thereafter, coordination was made with injured Harish on his phone, who stated that he had been referred from Civil Hospital, Rupnagar to GMCH Sector-32, Chandigarh for treatment. Subsequently, CR No. 251203376 of injured Harish was received from GMCH Sector-32, Chandigarh. Later, the undersigned ASI again coordinated with him, who stated that he had been discharged from GMCH Sector-32, Chandigarh and that he would personally come to the Police Station to get his statement recorded. Today, the undersigned ASI along with Head Constable Raj Kumar No. 760/R and Constable Gurpreet Singh No. 572/R was present at the Police Station, when Harish Chander Bedi, son of Tilak Raj, resident of House No. B-1/155, Mohalla Sekha, Rupnagar, Police Station City Rupnagar, District Rupnagar, came to the Police Station and got his above statement recorded before the undersigned ASI. After reading and hearing the statement and admitting it to be correct, he signed the same in English. The statement was verified by the undersigned ASI. As per MLR No. MLR/RB/21/25/CHR dated 06.12.2025, the doctor has mentioned four injuries, out of which injury Nos. 01 and 03 are sharp, and injury Nos. 02 and 04 are blunt. Injury Nos. 01, 02 and 04 have been kept pending for surgical opinion, and injury No. 03 for orthopaedic opinion. From the statement of the injured and the aforesaid MLR, offences under Sections 115(2), 126(2), 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita are found to be made out. Therefore, this statement is sent through Constable Gurpreet Singh No. 572/R for registration of a case against: Priyansh, resident of Balmiki Mohalla, Rupnagar, Lakshay, resident of Balmiki Mohalla, Rupnagar, Jashan, resident of Jagjit Nagar, Rupnagar and Fezaan, resident of Shampura, District Rupnagar. After registration of the case, the file number be intimated, senior officers and control room be informed, and special reports be issued. The undersigned ASI along with accompanying staff is busy in investigation at the spot. Sd/- Rajinder Singh, ASI Police Station City Rupnagar Dated 08.12.2025 Time 07:40 PM. On receipt of this statement, a case under Sections 115(2), 126(2), 109, 351(2), 3(5) BNS has been registered against the abovenamed accused and the formalities have been completed. Copies of FIR, as special reports, are being sent through ASI Tarsem Singh No. 429/R to the Duty Magistrate, Rupnagar and senior officers. The Control Room has been informed through wireless. The original statement along with copy of FIR (case file) has been sent through Constable Gurpreet Singh No. 572/R to ASI Rajinder Singh No. 99/R, who is busy in investigation. The MHC of the Police Station has been directed to complete the record. Daily Diary Report No. 37 dated 08.12.2025.”
3. Learned counsel for the petitioner has argued that the petitioner is in custody since 11.12.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that the petitioner shared a friendly relationship with one Priyanshu. Learned counsel has further submitted that, assuming arguendo, the prosecution version is taken to be correct, no specific injury has been attributed to the petitioner, nor has he been shown to be present at the spot. Learned counsel has further iterated that the petitioner is a young man aged about 19 years with no criminal antecedents. Thus, regular bail is prayed for.
4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 14.02.2026 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 11.12.2025and is in continuous custody since then. The culmination of the investigation as well as the trial emanating therefrom, in case the occasion so arises. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel 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.
6.1 As per custody certificate dated 14.02.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 months and 2 days and 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.
(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.
