232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-9363-2025 (O&M) Date of Decision:24.07.2025 Vaishali …Petitioner Vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Rajesh Lamba, Advocate with Mr. Abhinav Kaushik, Advocate Mr. Rahul Gugnani, Advocate for the petitioner. Mr. Rajiv Sidhu, Sr. DAG, Haryana. *** N.S.Shekhawat J. (Oral) CRM-21601-2025 Learned counsel for the applicant/petitioner wishes to withdraw the present application. Dismissed as withdrawn. Main case 1. The petitioner has filed the sixth petition under Section 483 of B.N.S.S with a prayer to grant regular bail to her in a case FIR No.150, dated 08.06.2020 under Sections 148,149,302,201,216,420,120-B of IPC and under Section 25 of Arms Act, registered at Police Station Kasola, District Rewari (Annexure P-1). 2. The petitioner had earlier withdrawn her last bail petition on 16.07.2024 i.e. around 01 year ago. 3. Learned counsel submits that after the last rejection, co-accused HITESH 2025.07.25 10:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-9363-2025 (O&M) -2 Aakash, Nitesh @ Panja, Ritik Saini @ Parveen and Manish have already been granted the concession of bail by this Court and in view of the changed circumstances, the present petition may be considered by this Court. 4. The FIR in the present case was registered on the basis of the statement made by Sumit @ Sunni and the same has been reproduced below:-. "Sir, It is requested to you that I, Sumit @ Sunni son of Kashiram, resident of Mohalla Gujarwada Rewari. Today, I went to my plot at Uttam Nagar from my home, where I asked my mother about elder brother Amit. My mother told me that Amit had received a call from someone and after attending the phone he took away the car and was saying that he was going to Kasola Chowk. At the same time, my uncle's grandson Raj son of Krishna told that Amit and his friend Govind Saini had been shot near bus stand near Garhi Bolni Road Moda Wali, on which, I reached Garhi Bolni Road, bus stand then my brother, Amit son of Kahiran @ Pappu resident of Gurjar Wada age 32 years and Govind son of Rajesh Kumar Saini resident of Arjun Nagar Rewari had already been taken to the Trauma Center, Rewari on an ambulance in an injured condition. The time was around 4:30 PM and I reached the Government Hospital, Rewari. I came to know that my brother Amit and his friend Govind had died due to the fire shots. Vikas @ lambu son of Sushil Yadav, Shiv Garden was also with them in the car. I enquired about this from the people on the spot and I came to know that Vaishali had called my brother Amit and Govind Saini to come to Kasola Chowk with an intention of killing them. My brother Amit and his friends Govind Saini and Vikas had gone on Santro Vehicle bearing registration no. DL 3CBF 1928 of white colour, who got down near Mod Wali to get Bidi (cigarettes) and at the same time a Baleno white coloured and two motorcycles came carrying Harkesh son of Kalu Ram, Manisa son of Bhoop Singh, residents of New Adarsh Nagar Bhadawas Road Rewari, Sundar son of Man Gujjar, Kali son of Dhanga Gaujjar, HITESH 2025.07.25 10:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-9363-2025 (O&M) -3 Bhadawas Road Rewari and other persons came. One hit my brother's car and one dropped motorcycle in front of my brother's car and all fired at my brother Amit and Govind with an intention of killing them, who had expired due to fire shots. It has come to knowledge that Vikas ran away from my brother's car. Then the miscreants left their Baleno car and went on motorcycles towards Rewari on motorcycle. The reason of this fight is that there is allegation of killing the Harkesh’s cousin namely Sarjit son of Tulli on my brother Amit, for which FIR no. 119/2018 under section 302 IPC PS City Rewari was registered. Due to this enmity, Harkesh made a plan to kill my brother Amit and Govind Saini with Naveen son of Dhanga, who is in Jail by calling Vaishali together.All the above had shot Amit and Govind Saini dead in a planned manner and strictest action be taken by arresting the culprits. SD Sumit @ Sunni son of Kashiram @ Pappu, resident of Mohalla Gujarwada, Rewari PS City Rewari, Mob. 9812989322. 5. Learned counsel for the petitioner contends that as per the case of the prosecution itself, the petitioner had only called the deceased at the place of occurrence and immediately, thereafter, she left the spot. Thus, the prosecution has alleged that the petitioner had conspired with her co-accused and she was not involved in any incident of killing of deceased. Learned counsel further contends that the petitioner was arrested in the present case on 09.06.2020 and is in custody for the last more than 05 years and 01 month. While, referring to the orders (Annexures P-11 to P-14) learned counsel submits that similarly placed co-accused Aakash, Nitesh @ Panja, Ritik Saini @ Parveen and Manish have already been granted the concession of bail by this Court. 6. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that HITESH 2025.07.25 10:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-9363-2025 (O&M) -4 the petitioner is involved in four more cases and is a hardened criminal. 7. I have heard the rival submissions made by learned counsel for the parties and perused the record carefully. 8. In the present case, no doubt, allegations levelled against the present petitioner are serious in nature, but she is stated to be in custody for the last about five years and one month. Moreover, similarly placed co-accused Aakash, Nitesh @ Panja, Ritik Saini @ Parveen and Manish have already been granted the concession of bail by this Court. 9. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on her furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate. (N.S.SHEKHAWAT) 24.07.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.07.25 10:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh