IN THE HIGH COURT OF PUNJAB AND HARYANA 230 MUKESH KUMAR ALIAS KAKU STATE OF HARYANA CORAM: Present: RAJESH BHARDWAJ 1. praying for granting regular bail in case FIR No. Sections 148/149/ 1959 registered at Police Station 2. has been lodged on Mamchand. It was alleged that his elder brother Jai Bhag years (deceased) Jhijhadi. He and his brother Jai Bhagwan work they used to come On the day of occurrenc thereafter, he was returning, he heard reaching he found 4/5 boys brandishing pistols/arms in their h away from the spot in a white car. On entering th brother-Jai IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MUKESH KUMAR ALIAS KAKU Versus STATE OF HARYANA CORAM: HON'BLE MR. J1USTICE Mr. Amarjit Singh Virk, Advocate Mr. Tanuj Sharma, AAG, Haryana. Mr. Edward George, Advocate for the complainant. ***** RAJESH BHARDWAJ, J. (Oral) Petitioner has approached this Court by way of present petition praying for granting regular bail in case FIR No. 148/149/302/506/120-B of IPC, 1860 and Section 25 of Arms Act, registered at Police Station Sadar Karnal, District Karnal Succinctly, facts of the case are that the FIR has been lodged on statement of the complainant Mamchand. It was alleged that his elder brother Jai Bhag (deceased) was running a grocery shop on Bhaini Khurd Road, Jhijhadi. He and his brother Jai Bhagwan work they used to come in the shop every day at around 6.00/7.00 in the morning. On the day of occurrence his brother came to shop at about 9.30 AM, thereafter, the complainant has gone to his house for taking meal and when he was returning, he heard the sound of gunshot fired in the shop. On reaching he found 4/5 boys brandishing pistols/arms in their h from the spot in a white car. On entering th Jai Bhagwan lying in a pool of blood. He IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-11743-2025 Date of Decision: 28.07.2025 ...Petitioner Versus ...Respondent USTICE RAJESH BHARDWAJ Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana. Mr. Edward George, Advocate for the complainant. Petitioner has approached this Court by way of present petition praying for granting regular bail in case FIR No.935 dated 24.09.2023 under B of IPC, 1860 and Section 25 of Arms Act, Sadar Karnal, District Karnal. Succinctly, facts of the case are that the FIR in the present case statement of the complainant-Dharambir son of Mamchand. It was alleged that his elder brother Jai Bhagwan aged about 64 running a grocery shop on Bhaini Khurd Road, Jhijhadi. He and his brother Jai Bhagwan worked together in the shop and the shop every day at around 6.00/7.00 in the morning. me to shop at about 9.30 AM, and gone to his house for taking meal and when the sound of gunshot fired in the shop. On reaching he found 4/5 boys brandishing pistols/arms in their hands and fled from the spot in a white car. On entering the shop, he found his Bhagwan lying in a pool of blood. He was shifted to 28.07.2025 ...Petitioner ...Respondent Petitioner has approached this Court by way of present petition under B of IPC, 1860 and Section 25 of Arms Act, in the present case Dharambir son of aged about 64 running a grocery shop on Bhaini Khurd Road, shop and the shop every day at around 6.00/7.00 in the morning. and gone to his house for taking meal and when the sound of gunshot fired in the shop. On ands and fled he found his the MOHIT 2025.07.29 07:00 CRM-M- Amritdhara Hospital, Karnal for treatment from where he was referred to Trauma Centre of Government Hosp declared him dead. It was alleged that his nephew his deceased brother opposite side has brother lodged IPC and Section 25, 54 and 59 of Arms Sadar Karnal and it is the accused. Thus accused. During the investigation thus he was challan was presented with the trial Session Judge Karnal praying for grant of hearing both the sides, the learned C 31.05.2025. Hence, the petitioner has approached this Court for the grant of regular bail by way of filing the present petition. 3. that the petitioner ha suspicion as in the present case. petitioner is the part of the conspiracy the arms to the accused and after the occurrence the petitioner accused. It is submitted the same is Even otherwise -11743-2025 Amritdhara Hospital, Karnal for treatment from where he was referred to Trauma Centre of Government Hospital, Karnal, h declared him dead. It was alleged that his nephew his deceased brother-Jai Bhagwan was involved in a murder case and the opposite side has opened an attack on his brother her lodged FIR No.1304 dated 27.12.2019 under Sections 307, 34, 120B IPC and Section 25, 54 and 59 of Arms Sadar Karnal and it is because of the same, the accused. Thus request was made to . On the registration of FIR the During the investigation the complicity of the petitioner was surfaced he was arrested on 05.10.2023. On completion of an was presented and on framing of charges the trial Court proceeded with the trial. The petitioner approached the Session Judge Karnal praying for grant of hearing both the sides, the learned Court declined the same vide order dated 31.05.2025. Hence, the petitioner has approached this Court for the grant of regular bail by way of filing the present petition. Learned counsel for the petitioner has vehemently contended that the petitioner has been involved in the present case on the basis of n as there is no credible evidence for the complicity of the petitioner in the present case. He submits that in petitioner is the part of the conspiracy, who provi the arms to the accused and after the occurrence the petitioner accused. It is submitted the same is without ven otherwise, he submits from the case -2- Amritdhara Hospital, Karnal for treatment from where he was referred to ital, Karnal, however, the doctor declared him dead. It was alleged that his nephew-Goldy alias Kapoor son of Jai Bhagwan was involved in a murder case and the attack on his brother. Regarding which FIR No.1304 dated 27.12.2019 under Sections 307, 34, 120B IPC and Section 25, 54 and 59 of Arms Act registered at Police Station of the same, his brother has been shot dead by request was made to take a legal action against the the investigation was commenced. complicity of the petitioner was surfaced and completion of the investigation the and on framing of charges the trial Court proceeded The petitioner approached the Court of learned Additional Session Judge Karnal praying for grant of for regular bail, however, after ourt declined the same vide order dated 31.05.2025. Hence, the petitioner has approached this Court for the grant of regular bail by way of filing the present petition. Learned counsel for the petitioner has vehemently contended s been involved in the present case on the basis of here is no credible evidence for the complicity of the petitioner in the case of the prosecution, the , who provided the car for providing the arms to the accused and after the occurrence the petitioner harboured without any authenticated evidence he submits from the case of the prosecution, the petitioner Amritdhara Hospital, Karnal for treatment from where he was referred to owever, the doctor Goldy alias Kapoor son of Jai Bhagwan was involved in a murder case and the his FIR No.1304 dated 27.12.2019 under Sections 307, 34, 120B Act registered at Police Station n shot dead by against the was commenced. and investigation the and on framing of charges the trial Court proceeded Court of learned Additional after ourt declined the same vide order dated 31.05.2025. Hence, the petitioner has approached this Court for the grant of Learned counsel for the petitioner has vehemently contended s been involved in the present case on the basis of here is no credible evidence for the complicity of the petitioner prosecution, the ded the car for providing the any authenticated evidence. he petitioner MOHIT 2025.07.29 07:00 CRM-M- admittedly was not present at the time of occurrence and he has been roped in the present case only the strength of conspiracy. He submits that the petitioner though is involved in 3 other cases however he is on bail in those cases. He submitted that he is b months. However, the prosecution has not been able to conclude the trial. He thus submits that in the overall facts and circumstances of the case, the petitioner deserves to be granted regular bail. 4. the same and submits that the petitioner has played an active role in the commission weapons by the petitioner. He submits that the offence at par with that of the accused who had carried out the murder of the complainant. arrested and thus in the facts and circumstances has been made out. 5. out by the counsel of the petitioner played an active role car was also in the name for the commission of harboured the prosecution the custody certificate of the petitioner 6. that the petitioner in the -11743-2025 mittedly was not present at the time of occurrence and he has been roped in the present case only the strength of conspiracy. He submits that the petitioner though is involved in 3 other cases however he is on bail in those cases. He submitted that he is behind bars for the last almost 1 year and 10 . However, the prosecution has not been able to conclude the trial. He thus submits that in the overall facts and circumstances of the case, the petitioner deserves to be granted regular bail. Learned counsel for the complainant has vehemently opposed the same and submits that the petitioner has played an active role in the commission of the offence. It was the car used in the offence were brought and the accused w by the petitioner. He submits that the offence at par with that of the accused who had carried out the murder of the complainant. He submits that some arrested and thus in the facts and circumstances has been made out. Learned State counsel has also opposed the submission made by the counsel of the petitioner and he submits that the peti played an active role in the alleged offence car was also in the name of the petitioner commission of offence. He further submits that the petitioner harboured the co-accused. On instructions prosecution witnesses 5 witnesses have been examined the custody certificate of the petitioner. After hearing learned counsel for the parties, it is deciphered petitioner in the present case has been arrayed as an accused during -3- mittedly was not present at the time of occurrence and he has been roped in the present case only the strength of conspiracy. He submits that the petitioner though is involved in 3 other cases however he is on bail in those ehind bars for the last almost 1 year and 10 . However, the prosecution has not been able to conclude the trial. He thus submits that in the overall facts and circumstances of the case, the petitioner deserves to be granted regular bail. counsel for the complainant has vehemently opposed the same and submits that the petitioner has played an active role in the car of the petitioner in which the brought and the accused were harbou by the petitioner. He submits that the offence committed by the petitioner is at par with that of the accused who had carried out the murder of the brother some of the accused are yet to be arrested and thus in the facts and circumstances no case for the grant of bail Learned State counsel has also opposed the submission made and he submits that the petitioner had in the alleged offence. He submits that fasttag of the of the petitioner which was used in providing arms offence. He further submits that the petitioner has also On instructions, he has submitted that out of 27 witnesses 5 witnesses have been examined and placed on record After hearing learned counsel for the parties, it is deciphered present case has been arrayed as an accused during mittedly was not present at the time of occurrence and he has been roped in the present case only the strength of conspiracy. He submits that the petitioner though is involved in 3 other cases however he is on bail in those ehind bars for the last almost 1 year and 10 . However, the prosecution has not been able to conclude the trial. He thus submits that in the overall facts and circumstances of the case, the counsel for the complainant has vehemently opposed the same and submits that the petitioner has played an active role in the in which the ured committed by the petitioner is of the brother of the accused are yet to be case for the grant of bail Learned State counsel has also opposed the submission made tioner had of the used in providing arms also he has submitted that out of 27 and placed on record After hearing learned counsel for the parties, it is deciphered present case has been arrayed as an accused during MOHIT 2025.07.29 07:00 CRM-M- the investigation and he was arrested on 05.10.2023. Primarily the case against the petitioner is commission of the offence by him. Out of 27 and the custody certificate would reflect he has suffered incarceration of almost 01 year 10 months involved in 03 other cases. 7. conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself fro commenting anything on the merits of the case. The trial of the case will take sufficient long time. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned counsel for the petitioner succ bail to the petitioner. 8. ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Cou 9. bail/surety bonds within a period of one week from today, his custody will be counted in the present case after one week. 10. on the merits of the case. July 28, 2025 Mohit Bishnoi Whether speaking/reasoned Whether reportable -11743-2025 the investigation and he was arrested on 05.10.2023. Primarily the case the petitioner is of conspiracy as commission of the offence, after occurrence the accused were by him. Out of 27 prosecution witnesses 5 witnesses have been examined and the custody certificate would reflect he has suffered incarceration of 1 year 10 months and 23 days. It further reflects that the petit involved in 03 other cases. The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself fro commenting anything on the merits of the case. The trial of the case will take sufficient long time. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. It is being clarified that in case the petitioner does not furnish bail/surety bonds within a period of one week from today, his custody will be counted in the present case after one week. Nothing said herein shall be treated on the merits of the case. July 28, 2025 Whether speaking/reasoned Whether reportable -4- the investigation and he was arrested on 05.10.2023. Primarily the case as his fasttag has been used in the rence the accused were also harboured witnesses 5 witnesses have been examined and the custody certificate would reflect he has suffered incarceration of and 23 days. It further reflects that the petitioner is The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself fro commenting anything on the merits of the case. The trial of the case will take sufficient long time. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned eeds in making out a case for grant of regular Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the rt/Duty Magistrate. at in case the petitioner does not furnish bail/surety bonds within a period of one week from today, his custody will be counted in the present case after one week. Nothing said herein shall be treated as an expression of opinion (RAJESH BHARDWAJ) JUDGE Yes/No Yes/No the investigation and he was arrested on 05.10.2023. Primarily the case tag has been used in the harboured witnesses 5 witnesses have been examined and the custody certificate would reflect he has suffered incarceration of ioner is The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient long time. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned eeds in making out a case for grant of regular Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the at in case the petitioner does not furnish bail/surety bonds within a period of one week from today, his custody will as an expression of opinion MOHIT 2025.07.29 07:00