Please Log in / Register to access the full text of this judgment and the entire database
(2026) Law Today Live Doc. Id. 21245
Decided on: 23.06.2026
Present:
Mr. Samay Singh Sandhawalia, Advocate for the petitioner.
Mr. Aakash Singla, Addl. A.G., Haryana.
Mr. S.K. Bawa, Advocate, Mr. Mazlish Khan, Advocate, and Mr. Mohit Tarif, Advocate for the complainant.
***
Regular bail -- Attempt to murder -- Mere lalkara without attribution of injury -- Bail granted.
***
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 109(1), 115(2), 126(2), 3(5), 54 and 351(3) -- Regular bail -- Attempt to murder -- Sole allegation against petitioner was that he raised a lalkara, pursuant to which co-accused allegedly inflicted a hockey blow on the head of the victim -- No injury attributed to petitioner -- Petitioner in custody since 20.03.2026 -- Investigation complete and challan presented -- Petitioner had clean antecedents and was not involved in any other criminal case -- Held, further custodial detention not warranted -- Bail granted.
(Paras 2 to 7)
***
VIKAS BAHL, J. (ORAL) –
1. This is a first petition filed under Section 483 of BNSS for grant of regular bail to the petitioner in case FIR No.36 dated 16.03.2026, under Sections 109(1), 115(2), 126(2), 3(5), 54 and 351(3) of the BNS, 2023 (Sections 307, 323, 34, 506 and 339 IPC) registered at Police Station City Firozpur Jhirka, District Nuh.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 20.03.2026 and the investigation is complete and the challan has already been presented. It is further stated that the petitioner is not involved in any other criminal case and has clean antecedents. It is further submitted that even as per the case of the prosecution the only allegation in the FIR against the petitioner is with respect of his having raised a lalkara. It is stated that no injury has been attributed to the petitioner.
3. Learned State counsel as well as learned counsel for the complainant have opposed the bail application and have submitted that it is the petitioner who has raised the lalkara and in pursuance of the said lalkara the accused-Arbaaz had inflicted a hockey blow on the head of victim Rihan. It is further submitted that it is the petitioner who has instigated the said Arbaaz to inflict the injuries.
4. This Court has heard the learned counsel for the parties and has perused the paper book.
5. Keeping in view the above-said facts and circumstances, more so, the fact that the petitioner has been in custody since 20.03.2026 and the investigation is complete and the challan has already been presented and also the fact that the petitioner is not involved in any other case and no injury has been attributed to the petitioner and the only allegation against the petitioner is with respect of his having raised a lalkara, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/ Duty Magistrate, subject to him not being required in any other case.
6. However, it is made clear that in case, any act is done by the petitioner to threaten or influence the complainant or any of the witnesses, then it would be open to the State to move an application for cancellation of bail granted to the petitioner.
7. Nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial would proceed independent of the observations made in the present case which are only for the purpose of adjudicating the present bail petition.
Order accordingly.
********