Shardha Prashad v. State Of Haryana And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 07.03.2026 Shardha Prashad . . . Petitioner(s)

Versus

State of Haryana and another . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Mahesh Inderpreet, Advocate for the petitioner(s).

Mr. P.K. Jhanda, Sr. DAG, Haryana.

**** SANJAY VASHISTH , J. (Oral) 1.

Instant second petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Shardha Prashad 20.04.2024 302 of IPC Industrial Sector 7, Manesar Gurugram 2.

Incident of murder took place during the night of 20.04.2024. Deceased is Pooja and the sole accused in the case is Shardha Prashad (petitioner herein), aged 32 years. FIR got registered by Amit Choudhary, who is related as cousin brother of the deceased - Pooja. 3.

The allegations mentioned in the FIR reads as under:- "

I, Amit Chaudhary, son of Ajay Mohan Chaudhary, resident of Raispur Kamoli, Veerbhan Pur Kodra Jeet, Pratapgarh, Uttar Pradesh, currently a tenant landlord of Narender village Khoh and I work in Modelama Sports Line, Manesar. My maternal uncle's daughter, Pooja,

- 2 - wife of Sharda Prasad, resident of Kamman Ka Pura, Nawabganj, Prayagraj, also lived in the room next to mine with her husband, who was my brother-in-law, Sharda Prasad, who used to beat and abuse my sister Pooja every evening. He would agree only when I and my maternal uncle Ramesh Chandra intervened and explained to him. Last night, my maternal uncle and I were in our rented room, and my sister Pooja and Pooja's husband, Sharda Prasad, who was drunk, were arguing with my sister, which we ignored, thinking that there might be some argument going on between the husband and wife, and we went to sleep in our room. Today, on 20.04.2024, my maternal uncle woke up at 6 AM and went out of the room. He saw that the fan in my sister Pooja's room was running and the room was locked from outside.

Seeing this, my Uncle told me, then I also got up and came out of the room and called my sister Pooja but she did not pick up the phone, then I looked through the window of the room and my sister Pooja was covered in blood and was lying naked on the mattress spread in the room, I broke the lock of the room and my uncle and I went inside the room and saw that my sister's stomach had been cut by my brother-in-law with a sharp object and there were wounds on the chest, I told all these things to my landlord and then called the police on 112, my sister Pooja has been murdered by my brother-in-law Sharda Prasad by hitting her with a sharp object, who has also fled from the spot, legal action should be taken against my brother-in-law, I have given you my written complaint. SD/- applicant Amit Chaudhary 6391240749." 4.

Learned counsel for the petitioner argues that one of the witnesses, namely Ramesh Chander, who is related as 'Mama' of the complainant Amit Chaudhary, has turned hostile. Petitioner is in inside the jail for the last more than a period of 01 year and 10 months. Learned counsel, therefore, prays for grant of regular bail to the petitioner. 5.

On the other hand, learned State counsel has filed the custody certificate dated 06.03.2026 in Court today, which is taken on record. Office is directed to tag the same at the appropriate place. A copy thereof has been handed over to learned counsel for the petitioner.

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Learned State counsel, while opposing the prayer for bail, submits that the star witness - Amit Chaudhary, has fully supported the version recorded in the FIR and that out of the total 20 prosecution witnesses, 13 witnesses have already been examined. 7.

Heard.

8.

Considering the nature of allegations and the brutality with which the murder has been committed by the closely related person of a helpless woman and also noticed the stage of trial, I do not find any substantial reason to grant the concession of regular bail to the petitioner. Besides, it is also relevant to notice that complainant/star witness - Amit Chaudhary, has fully supported the case of prosecution, and thus, burden would be heavily upon the accused to prove his innocence. 9.

Accordingly, petition stands dismissed.

Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE March 07, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No