Ajay Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH.

CRM-M-63235-2025.

Date of Decision: 09.04.2026.

Ajay Singh ....Petitioner.

VERSUS

State of Punjab ....Respondent.

*** CORAM : HON'BLE MR. JUSTICE SANJAY VASHISTH ---

Present:

Mr. Shivraj Singh, Advocate for the petitioner. Mr. Neeraj Madaan, Senior Deputy Advocate General, Punjab. **** SANJAY VASHISTH, J. (Oral) Petitioner-Ajay Singh, aged 30 years, has filed this petition under Section 483 of BNSS, 2023, seeking regular bail in case FIR No.33 dated 13.05.2024 under Sections 302, 201 IPC, registered at Police Station Dhilwan, District Kapurthala.

2.

Complainant-Jasbir Singh, husband of deceased Jyoti, got registered the instant FIR, which reads as under:- "xxx that I am a resident of the above address and I work as painter. My marriage took place about 5 years ago with Jyoti daughter of Major Singh resident of Kot Khalsa Police Station Kot Khalsa District Amritsar according to Sikh customs and I have one son Gurbans Singh whose age is about 3 years. My wife Jyoti mostly lived at her parental village and on date 09.05.2024 Jyoti came to my village Rasoolpur with her sister Sonia and stayed here for a short while and after cleaning the house she along with her sister went to her parental village Kot

Khalsa at about 5.30 in the evening. Yesterday on date 12.05.2024 I made a call from my phone to my wife's mobile number 96439-68922 and I asked Jyoti where are you and Jyoti said that I am in Pathankot and she said that if I return on time then I will come home otherwise I will come home tomorrow. But my wife Jyoti did not return home. My wife Jyoti had illicit relations with one Kaka resident of Thanewali Gali, Bhikhiwind, District Tarn Taran, whose (mobile number is 9646965906) and had illicit relations with many other persons as well and she also used to take drugs. Today my sister-in-law Sonia called me and told me that Jyoti has a friend Simran with whom she went from home on date 10.05.2024.

Today I received a call from my sisterin-law Sonia that something bad has happened with Jyoti and we have to go near the Beas river in the area of Police Station Dhilwan. On this I along with my sister-in-law and my brotherin-law Gurpreet Singh son of Seva Singh resident of Dasuwal Police Station Valtoha District Tarn Taran and other relatives came near the Beas river and saw that the dead body of my wife Jyoti was lying there with a deep injury on the top of her head. I am sure that my wife has been murdered by Kaka resident of Thanewali Gali Bhikhiwind District Tarn Taran and Simran along with their other companions and in order to destroy the body they have thrown it near the Beas river. Statement written, heard, found correct, action be taken. Signature of statement giver/Jasbir Singh."

3.

Counsel for the petitioner argues that except of the vague allegation that petitioner-Ajay Singh, has also been named in the FIR as Ajay Singh @ Kaka was having illicit relations with Jyoti, whereas on the contrary, from the FIR, it appears that relationship between Jyoti and Jasbir Singh was not cordial as he himself had been doubting the character of his own wifeJyoti. Therefore, in the absence of any specific motive attributed to the petitioner under the garb of false allegations, it cannot be assumed that the

petitioner was the only one who had murdered Jyoti. Thereupon petitionerAjay Singh was arrested on 08.06.2024 as accused in the present case. 4.

As per status report, on 10.06.2024, the petitioner suffered a disclosure statement wherein he stated that for the purpose of committing murder of Jyoti, he took help of his maternal uncle's son namely Ajay Singh. When Jyoti was coming from Himachal, both the accused planned to commit murder of Jyoti. All three of them, proceeded in a train from Beas Bridge, Dhilwan side and there murder of Jyoti was committed and her dead body was thrown in the river. Later on, her dead body was searched out. As per opinion of the doctors, cause of death was opined as under:- "As per boards opinion, the cause of death is injury to vital organs with possible asphyxiation. However, the final cause report will be given after receiving reports of HPE and DNA profiling."

On receipt of HPE report dated 02.09.2024, it was found reported as under:- "Histopathological Examination Reportable Gross : Received uterus without cervix and bilateral fallopian tubes attached.

Uterus: Multiple pieces processed from Endometrium show no significant pathology.

No products of conception seen.

Myometrium shows congestion.

Both fallopian tubes- Unremarkable."

5.

After hearing the respective counsel for the parties and going through the petition and also the status report, this Court finds that the allegations are based upon circumstantial evidence. However, as of now much reliance is placed only on the disclosure statement of the present petitioner and the version got recorded in the FIR. The culpability of the petitioner

actually is there or not, to prove the same is heavily on the prosecution that too beyond doubt. Till date, out of total 25 prosecution witnesses, only one has been examined, whereas charges had been framed on 02.12.2024. The petitioner is inside jail since 08.06.2024. Therefore, this Court deems it appropriate to allow the instant petition. Accordingly, without expressing any opinion on the merits of the case, present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 6.

Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible in accordance with law.

7.

It is further made clear that if, in future, the petitioner is found to be directly involved in similar activities, the prosecution would be at liberty to seek cancellation of bail.

8.

Petition stands disposed of accordingly.

(SANJAY VASHISTH) JUDGE 09.04.2026 jitender Whether speaking/ reasoned :

Yes/ No Whether Reportable :

Yes/ No