High Court of Punjab and HaryanaCRM-M/65362/2024allowed

Ashish v. State Of Haryana

2026-01-15Mr. Justice Sumeet Goel6 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Date of decision: 15.01.2026 Date of uploading: 15.01.2026

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present:

Mr. Rakesh Nehra, Senior Advocate with Mr. Sauhard S. Hooda, Advocate and Mr. Rupender Singh, Advocate for the petitioner. ***** SUMEET GOEL, J. (ORAL) 1.

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Learned senior counsel for the petitioner has submitted that the petitioner is in custody since 10.08.2022. Learned senior counsel for the petitioner further submitted that the petitioner has been falsely implicated into the FIR in question. Learned senior counsel has iterated that there is no direct motive attributable to the petitioner, as the genesis of the FIR in question is a matrimonial dispute between the deceased and his wife namely Saroj and the petitioner is not related to Saroj. Learned senior has further iterated that the petitioner has been primarily implicated into the FIR in question on account of his having friendly relation with brother of the said Saroj. He has further submitted that all private witnesses stand

P a g e | 4 examined. He has further iterated that the petitioner is a man with clean antecedents and has suffered incarceration for more than 3 years Thus, regular bail is prayed for.

5 has filed status report by way of affidavit of , Agroha, Hisar on behalf of the respondent-State, which is kept on record. She has raised submissions in tandem with the said status report and has vehemently opposed the present petition by arguing that the allegations raised are serious in nature and, hence, the petitioner does not deserve the concession of regular bail. 5 :

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I have heard counsel for the parties and have gone through the available records of the case.

The petitioner was arrested on 10.08.2022, whereinafter investigation was carried out and challan was presented on 05.11.2022 Total 42 witnesses have been cited, out of which 6 stand examined and 2 have been given up till date. It is further not in dispute that all the private witnesses stand examined and conclusion of trial will take long time. The rival contentions of the learned counsel for the parties; as to the whether the petitioner has been falsely implicated into the FIR, shall be gone into 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 rights of either of the parties. '

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P a g e | 5 As per the custody certificate dated 14.01.2026 filed by the learned State counsel, the petitioner has suffered incarceration for more than 3 years and 5 months & 4 days. The petitioner is stated to be 18 years old and has no antecedents.

Suffice to say, the further detention of the petitioner in custody is not required in the facts and circumstances of the case. 7.

The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned 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.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed

P a g e | 6 hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

11.

Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. (SUMEET GOEL) JUDGE January 15, 2026 %, Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No