Allowed¶20

Harmesh Chand Alias Kala v. State of Punjab

Punjab & Haryana HC27 Jun 2025CRM-M/33096/2025

Case brief

AI extract

What is this about?

CRM-M-33096-2025, decided June 27, 2025 (2025:PHHC:076861), Deepak Gupta, J. (oral) - regular bail under S.483 BNSS, 2023; FIR No.33 dated 13.04.2025, PS Bareta, District Mansa; offences under BNS 2023 Ss.109, 115(2), 351(2), 191(3), 190 (equivalents of IPC Ss.307, 323, 506, 148, 149) and Arms Act Ss.25 & 27; version and cross-version (DDR No.20 dated 13.04.2025); injury attracting S.307 IPC not attributed to petitioner; custody 01 month 24 days; co-accused on anticipatory bail; petition allowed, bail granted without commenting on merits.

What did the court decide?

Release on regular bail on furnishing requisite bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions. ¶20

Harmesh Chand Alias Kala Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2025)

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203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-33096-2025 Date of Decision: June 27, 2025

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Harmesh Chand @ Kala

…Pe��oner

Versus

State of Punjab

…Respondent

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present: - Mr. Yogesh Goel, Advocate for the pe��oner. DEEPAK GUPTA, J.(Oral)

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By way of present pe��on under Sec�on 483 BNSS, 2023, pe��oner prays for his release on regular bail in a case arising out of FIR No.33 dated 13.04.2025, under Sec�ons 109, 115(2), 351(2), 191(3) and 190 of BNS, 2023 (equivalent of Sec�ons 307,323, 506, 148 and 149 IPC), besides Sec�ons 25 & 27 of the Arms Act, 1959, registered at Police Sta�on Bareta, District Mansa.

¶11

It is contended by leaned counsel for the pe��oner that it is a case of version and cross-version. As per the FIR lodged at the instance of Sony Ram, the injury a�ributed to the pe��oner is caused by iron dah hi�ng on the right hand and face of Varkha Ram. Learned counsel has drawn a�en�on towards the medico-legal report of Varkha Ram (Annexure P-2) reflec�ng the said injuries and submi�ed that none of these injuries a�ract Sec�on 307 IPC. Learned counsel points out that cross version was lodged vide DDR No.20 dated 13.04.2025 (Annexure P-3) on the statement of pe��oner - Harmesh Chand @ Kala, as per which Varkha Ram had given kirpan blow on his head. The allega�ons are also against other members of the opposite party to have caused injuries to him. A�en�on is also drawn towards the medico-legal report (Annexure P-4) of pe��oner - Harmesh Chand, revealing as many as 07 injuries on his person including lacerated Sarita Rani 2025.06.27 13:44 I attest to the accuracy of this document/order

CRM-M-33096-2025

- 2 -

2025:PHHC:076861

wound on the central part of the skull, which is a�ributed to Varkha Ram. Learned counsel submits further that the pe��oner is in custody for the last 01 month and 24 days, whereas co-accused Gur Lal Singh, Sukhwinder Singh, Parminder Singh, Lachhman Singh and Gurpreet Singh have been granted the benefit of an�cipatory bail by way of different orders, copy of which are Annexures P-6 to P-10.

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No�ce of mo�on.

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Mr. Animesh Sharma, Addl. A.G., Punjab accepts no�ce on behalf of respondent-State. Mr. Parminder Singh Sekhon, Advocate has put in appearance on behalf of the complainant.

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Learned State counsel as well as learned counsel for the complainant have opposed the bail pe��on.

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However, learned State counsel concedes the fact that it is a case of version and cross version and the injury a�rac�ng Sec�on 307 IPC is not a�ributed to the pe��oner. It is also conceded that pe��oner is in custody for the last 01 month and 24 days.

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Having considered all the aforesaid facts and circumstances, but without commen�ng anything on the merits of the case, pe��oner is admi�ed to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the sa�sfac�on of learned Trial Court/Duty Magistrate concerned, on usual terms and condi�ons.

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Allowed.

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June 27, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No

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Sarita Rani 2025.06.27 13:44 I attest to the accuracy of this document/order

Harmesh Chand Alias Kala v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harmesh Chand Alias Kala v. State of Punjab

Case brief

What is this about?

What did the court decide?

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What the court decided

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