MANISH KUMAR MISHRA AND ANOTHER v. STATE OF PUNJAB
CRM-M/10360/2025 · 2025-05-20
Rajesh Bhardwaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28079 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28079 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-10360-2025 -1- 233 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10360-2025 Date of Decision: 20.05.2025 Manish Kumar and another .....Petitioners Versus State of Punjab .....Respondent
CORAM:
HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Parminder Singh-I, Advocate for the petitioner. Mr. J.S. Arora, DAG, Punjab. Rajesh Bhardwaj, J. (ORAL)
1. Petitioner has approached this Court by way of present petition praying for granting regular bail in case FIR No.151 dated 17.11.2024, under Sections 108, 3(5), 351(2), 351(3) of BNS, 2023 registered at Police Station Punjab Kotwali, District Bathinda.
2. Succinctly facts of the case are that FIR in the present case was lodged on the statement of complainant Vikas Tiwari. It was alleged that Anil Tiwari had illicit relations with Shallu who is maternal aunt (mami) of Adarsh Shukla who is friend of the complainant. It was alleged that on account of the same, Akash Tiwari and Adarsh Shukla went for clearing their dues. It was also alleged that the petitioner was also present at that time. Thereafter, Akash Tiwari was found to have committed suicide by hanging himself. It was alleged that it is because of the instigation of the petitioner and co-accused that Akash Tiwari committed suicide. Request was made to take legal action against the culprits. On registration of the FIR, investigation commenced. Petitioner was arrested on 17.11.2024. He POOJA SHARMA 2025.05.21 10:47 I attest to the accuracy and integrity of this document
CRM-M-10360-2025 -2- approached the Court of learned Additional Sessions Judge, Bathinda praying for grant of bail. However, after hearing counsel for both the sides, learned Additional Sessions Judge, Bathinda declined the same vide order dated 03.02.2025. Hence, petitioner is before this Court by way of filing the present petition.
3.
Learned counsel for the petitioners, at the outset, prays for the grant of bail to the petitioners on the basis of parity with that of the co- accused, namely, Bachan Tiwari @ Ram Narayan @ Bachan and Jatinder Tiwari. He has drawn the attention of this Court to the orders dated 28.03.2025 and 08.04.2025 passed in CRM-M-16098-2025 and CRM-M- 18203-2025, whereby, co-accused Bachan Tiwari @ Ram Narayan @ Bachan and Jatinder Tiwari, have been granted regular bail by this Court. He has submitted that the case of the petitioners is at par with the said co- accused. He submits that the petitioners are in custody since 17.11.2024. He submits that on the basis of the parity, the petitioners deserve to be granted bail as the case of the petitioners is similar to that of the said co-accused, who have already been granted bail.
4.
Learned counsel for the State has endorsed the factum of grant of bail to the co-accused of the petitioners as stated above and has not denied that the petitioners are at par with the co-accused, namely, Bachan Tiwari @ Ram Narayan @ Bachan and Jatinder Tiwari. He has submitted that challan has been presented in this case and charges have also been framed.
5. After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioners are behind bars since 17.11.2024. Co-accused, namely, Bachan Tiwari @ Ram Narayan @ Bachan and POOJA SHARMA 2025.05.21 10:47 I attest to the accuracy and integrity of this document
CRM-M-10360-2025 -3- Jatinder Tiwari, are on bail and the case of the petitioners as stated is at par with them.
6. This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides, this Court is of the opinion that learned counsel for the petitioners succeeds in making out a case for grant of regular bail to the petitioners on the basis of parity. Accordingly, the present petition is allowed and the petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate.
7. Nothing said herein shall be treated as an expression of opinion on the merits of the case.
(RAJESH BHARDWAJ) 20.05.2025 JUDGE ps-I Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No POOJA SHARMA 2025.05.21 10:47 I attest to the accuracy and integrity of this document