High Court of Punjab and HaryanaCRM-M/32804/2025dismissed

Akash v. State Of Haryana

2026-02-16Mr. Justice Sanjay Vashisth9 pages

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"1.

Present petitions have been filed by the petitioners, seeking grant of regular bail in case bearing FIR No.36, dated 10.02.2024, under Section(s) 302, 323, 324, 34 of IPC, registered at Police Station Urban Estate, District Hisar. 2.

Learned counsel for the petitioners submits that FIR was lodged by an eye/witness, Rishu, aged 21 years, who stated therein that he used to talk with one Preeti, which was objected to, by accused Akash, who had threatened him to delete her mobile number.

As per the FIR, on the date of the incident, i.e., 09.02.2024 at around 10:00 PM, when the complainant Rishu was present at Jindal Chowk along with one Shankar, accused Akash (petitioner in CRM/M/32804/2025), Sunny (petitioner in CRM/M/9153/ 2025), and Gobind (petitioner in CRM/M/32902/2025) were already standing there. Akash allegedly started a confrontation with the complainant over calling Preeti. During the altercation, Putan and Deepak Yadav also arrived at the spot. While Akash and his associates were physically assaulting the complainant / Rishu, Putan (now deceased) attempted to intervene to save him. At that moment, accused Akash and his associates allegedly inflicted knife injuries on the chest, abdomen, and other parts of the body of Putan. After causing the injuries, all the accused fled away from the scene on a scooty, carrying the weapon along with them.

Counsel for the petitioners further submits that during the dourse of investigation, a knife was recovered from the

possession of accused Gobind, and bloodstained clothes were recovered from accused Sunny, which, as per the prosecution, may match the blood group of the deceased Putan. However, from the possession of accused Akash, only a mobile phone, belonging to him, was recovered.

It is also submitted that statements of all the eye/ witnesses, namely Rishu (PW/3), Deepak (PW/4), and Shankar (PW/5), have already been recorded during trial, but none of them supported the prosecution's version. They categorically deposed that they did not know anything about the circumstances that led to the death of Putan. Moreover, during the court proceedings conducted via video conferencing, witnesses refused to identify the accused persons.

Thus, counsel argues that petitioners are in custody since 10.02.2024, and no incriminating material has emerged from the substantive evidence led by the prosecution, so far. Considering the weak chances of conviction, any further incarceration of the petitioners would not be justified in law, and they deserve to be released on bail.

On the other hand, learned State counsel has filed custody certificate of the petitioners in the Court today and the same are taken on record. However, he is not in a position to establish any concrete link between the petitioners and the alleged crime at this stage, and prays for some more time to prepare the case and present further evidence, if any.

List again on 01.09.2025.

A photocopy of this order be placed on the file of other connected case."

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"1.

First CCTV Footage / Camera No. 03 (Three Day Spa, Urban Estate Hisar) • The footage begins at 10:00 PM (22:00 hrs) on 09.02.2024 and is 15 minutes long.

• As soon as the video starts, all three accused persons are seen riding a white scooter coming from the side of Jindal Hospital and are seen arriving on the spot.

• At 22:01:30, the witness Shankar arrives on a motorcycle from inside Urban Estate. He parks his motorcycle and remains seated. The complainant Rishu arrives on foot and stands beside him.

• At the same time, the co/accused Govind (in a yellow jacket) approaches them, followed by the petitioner/accused Akash (in a grey jacket). Akash is seen shaking hands with the witness Shankar. The co/accused Shivdutt (in a black jacket) arrives with both hands in his trouser pockets and stands on Shankar's right side.

• All three accused persons begin talking to Shankar (on motorcycle) and Rishu.

$ • Later, accused Shivdutt is seen talking on a mobile phone. At 22:08:20, the complainant's associate Deepak arrives on foot from urban Estate and stands near the motorcycle. Behind him, Putan (deceased) arrives holding a dog with its leash and stands near the motorcycle.

• At 22:10:40, the accused persons start quarrelling with the complainant Rishu and take him aside towards an area not covered by the camera. His companions follow to rescue him. • At 22:11:50, complainant's companion Putan is seen in an injured condition. Due to pain, he squats on the ground. By this time, the three accused persons had stabbed him. • At 22:13:20, Rishu and his companions are seen placing injured Putan on a motorcycle and taking him towards Jindal Hospital.

2. Second CCTV Footage / Camera No. 08 (Three Day Spa, Urban Estate Hisar) • This footage also begins at 10:00 PM (22:00 hrs) on 09.02.2024 and is 15 minutes long.

• At 22:00:10, the three accused persons arrive on a white scooter, park it and get down.

• At 22:01:10, the witness Shankar arrives on a motorcycle, followed by the complainant Rishu walking beside him while talking on his mobile. Both sides start talking to each other. • At 22:07:55, the witness Deepak is seen walking towards the spot, carrying a black polythene bag. He throws the contents(garbage) of the bag near the cows standing by the transformer and then goes on to stand with Rishu and others. • At 22:08:07, Putan (deceased) arrives holding a dog by its leash and stands with his companions.

• At 22:10:50, the accused persons begin quarrelling with Rishu and move him aside towards the scooter. Deepak (in a black shirt) attempts to intervene, but Govind (yellow jacket) pushes

him back, first grabbing him from behind, and then shoving him by the neck.

• At 22:11:11, . Govind then drags Putan towards an area not covered by the camera. Meanwhile, the other accused persons Shivutt and Akash are seen assaulting witness Deepak and the complainant Rishu.

• At 22:11:55, all three accused persons move towards their scooter and flee from the opposite side.

• At 22:13:00, injured Putan is being placed on a motorcycle by his companions. He falls while getting on but is lifted again and is seated in the middle, after which they move towards Jindal Hospital. Deepak is seen catching the dog which was running away.

• At 22:13:55, the police rider vehicle arrives on the spot. • At 22:14:40, Deepak is seen returning towards Urban Estate with Putan's dog.

Copy of the observation memo of the CCT Footage is appended Herewith as Annexure R/1"

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$%%$ Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No