CRM-M-68392- IN THE H MANOJ @ GOL STATE OF HAR 1 The dat 2 The dat 3 The dat website 4 Whethe pronoun pronoun 5 The del judgme CORAM: HON Present: Mr. R Ms. B Mr. R Ms. H Mr. V Mr. MANISHA BATR 1. The 482 of Bharatiya N of anticipatory b registered under -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH GOLIA Versus
HARYANA he date when the judgment is reserved he date when the judgment is pronoun he date when the judgment is uploaded ebsite hether only operative part of the judg ronounced or whether the full judgmen ronounced he delay, if any, of the pronouncement dgment and reasons thereof. HON'BLE MRS. JUSTICE MANIS r. Rakesh Nehra, Senior Advocate w Ms. Bindu Tanwar, Advocate, Mr. Reetesh Kumar, Advocate and Ms. Harmanpreet kaur, Advocate for Mr. Varun Gupta, DAG, Haryana Mr. Pradeep Duhan, Advocate for the ****
BATRA, J. (ORAL)
The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 tory bail in case arising out of FI nder Sections 103, 140(1), 61(2), 2 JAB AND HARYANA AT ARH
CRM-M-68392-2025 (O&M) ... Petitioner ...Respondent served 20.02.2026 onounced 23.02.2026 loaded on the 23.02.2026 e judgment is dgment is Full cement of full Not applicable ANISHA BATRA
ocate with for the petitioner for the complainant by the petitioner under Section , 2023 (for short “BNSS”) for grant of FIR No.237 dated 14.09.2025 (2), 238, 249 of Bharatiya Nyaya M) oner
dent ction grant 2025 yaya AMIT SHARMA 2026.02.23 17:11 I attest to the accuracy and integrity of this order/judgment. CRM-M-68392- Sanhita, 2023 (for Siwani, District Ba 2. The complaint submitt was cited as a wit Station Siwani, rel his accomplices. accomplices inclu son and on 06.05. were exerting pres had even got him registered at Pol anticipatory bail i Mukesh @ Ganni son on finding app 3. As p complainant Bala, the purpose of jo 10.09.2025, he ha On the same night with Kamlesh @ K alleged that on th taken place in the -2025 (O&M) 2 3 (for short “BNS”) and Section 25 trict Bathinda. The aforementioned FIR was registe ubmitted by the complainant Bala alle a witness in a case bearing FIR No.1 relating to murder of his friend Na lices. Due to this fact, the above n including the present petitioner were 06.05.2023, they had tried to kill him g pressure upon him to not give his te ot him implicated in a false case b t Police Station Siwani. Her son h bail in that case on 29.08.2025 and e Ganni and his accomplices were open ng appropriate opportunity. As per the further allegations as m t Bala, her son Azad had left Jaipur of joining investigation in the FIR he had taken his motorbike from the e night he was abducted by the above sh @ Kamli who was having an inimi on the intervening night of 10/11.09 in the agricultural land of the present on 25 of Arms Act at Police Station registered on the basis of a written la alleging therein that her son Azad No.137 dated 07.05.2023 at Police end Naresh by Mukesh @ Ganni and bove named Mukesh @ Ganni his were nursing a grudge against her ill him after doing his recce. They his testimony in FIR No.137. They case bearing FIR No.116 of 2025 son had been extended benefit of and ever since then, the petitioner, e openly extending threats to kill her as made in the complaint by the aipur on the night of 09.09.2025 for FIR at Bhiwani. On the night of e house of Dharambir Phagadia. above named persons in connivance inimical relation with her son. She /11.09.2025, some incident had also resent petitioner. Some lights were ation ritten Azad olice i and his t her They They 2025 it of oner, ll her the 5 for ht of . ance She also were AMIT SHARMA 2026.02.23 17:11 I attest to the accuracy and integrity of this order/judgment. CRM-M-68392- seen and some pe morning when the Sethiya Bishnoi h blood, a torn ves indicating that so vehicle. She alleg Siwani but no act 09.09.2025 and sh other accused. 4. After The agricultural la was inspected. Th 19.09.2025, Kaml statement on the b arrested and joine disclosure stateme the petitioner, wh Sushila and hersel to do so as the vic 10.09.2025 when to co-accused Sus Thereafter Sushila mix in the tea of A -2025 (O&M) 3 me persons had fled from the same. en the neighbourers of the said agri hnoi had reached at the said land, they rn vest and one rope lying in the f hat someone had been murdered the e alleged that she had reported the mat no action was taken. Her son had go and she was sure that he had been k After registration of FIR, investigatio ural land of the petitioner which was t ed. The hair, blood and torn vest were Kamlesh @ Kamli was joined into in n the basis of which co-accused Parm joined into investigation. The accus tatement to the effect that on the aski who had assured to give a sum o herself in lieu of passing of informatio the victim used to come to meet her. when the victim Azad had come to me ed Sushila who had further passed ushila came to her house and had giv ea of Azad, who after consuming the s ame. She disclosed that in the next id agricultural land namely Sarjeet, d, they had found some human hair, the field of the petitioner clearly ed therein and was pulled to some he matter to the SHO, Police Station, had gone missing since the night of een killed by the petitioner and the stigation proceedings were initiated. was the alleged place of occurrence st were recovered from the spot. On into investigation. She recorded her Parmila @ Nisha and Sushila were accused Parmila @ Nisha suffered he asking of co-accused Sushila and sum of Rs.10 lakhs to the accused rmation about Azad, she had agreed t her. She further disclosed that on to meet her, she had given message on the same to the petitioner. given her some sleeping pills to g the same, had slept. The petitioner next rjeet, hair, early some tion, ht of d the ated. ence . On d her were fered nd used reed at on sage oner. lls to ioner AMIT SHARMA 2026.02.23 17:11 I attest to the accuracy and integrity of this order/judgment. CRM-M-68392- alongwith other pe upon Azad and ha similar disclosure Azad was recovere accused Pardeep w and he too suffere the dead body of accused have be concluded. Appr grant of bail whi Sessions Judge, Bh 5. It is a been falsely impl gangster of the are Obviously he was to the murder of t was not present in 14.09.2025 and w the victim and kil accused cannot be ready to join inve recovery is to be deserves to be allo -2025 (O&M) 4 ther persons had reached at her house and had then taken him somewhere. losure statement. The lower limb of covered from the area of Police Statio deep who was involved in the murde ered disclosure statement. On his d dy of the victim was recovered. O ve been subsequently arrested. In Apprehending his arrest, the petitio il which has been dismissed by the ge, Bhiwani vide order dated 19.11.20 It is argued by learned Senior counse implicated I this case. The decea the area and as many as 21 criminal ca e was having enmity with several per er of the victim. The case rests upon sent in the area of Bhiwani during t and was present in Varanasi. As such nd killing him did not arise. The di be considered to be admissible in in investigation. His custodial interr to be effected from him. It is, there be allowed. house, had fired shot with the pistol here. Accused Nisha also suffered imb of the dead body of the victim Station Bhadra on 21.09.2025. The murder was arrested on 22.09.2025 n his demarcation, the upper limb of d. On 25.09.2025 some other co- . Investigation qua them stands ioner moved an application for y the Court of Learned Additional .11.2025. counsel for the petitioner that he has deceased himself was a prominent inal cases were pending against him. ral persons. There is no eye-witness pon circumstantial evidence. He ring the period from 09.09.2025 to s such the question of his abducting he disclosure statements of the co- ible in evidence against him. He is l interrogation is not required. No , therefore, argued that the petition istol fered ictim The 2025 b of - tands n for ional e has inent him. tness . He 5 to cting - e is No tition AMIT SHARMA 2026.02.23 17:11 I attest to the accuracy and integrity of this order/judgment. CRM-M-68392- 6. Per co complainant has a specific in nature. body of the victim his torn vest, hair report is awaited. are pending again purpose of conduc interrogation of t circumstance for petitioner. It is, allowed. 7. This C for the parties at co 8. The p alleged to have m the house of the co then by taking his throwing it some statements have g hatched and the v case of active com For the purposes -2025 (O&M) 5 Per contra, learned State counsel assi t has argued that the allegations agains nature. He was named in the FIR as victim had been taken to the fields of t, hair and blood-stains had been rec aited. The petitioner is a habitual offen against him. He had motive to e onducting thorough and proper invest of the petitioner is must. No e e for grant of anticipatory bail is It is, therefore, argued that the pet This Court has heard the rival submis es at considerable length. The petitioner by hatching a consp ave murdered the victim by initially f f the co-accused Parmila @ Nisha on t ng his dead body to his agricultural lan somewhere else. The co-accused have given the detail of the manner the victim was murdered. The alleg ve complicity of the petitioner in com poses of conducting proper and tho el assisted by learned counsel for the against the petitioner are serious and IR as the prime suspect. The dead elds of the petitioner by himself and en recovered from the spot. DNA al offender since as many as 12 cases e to eliminate the victim. For the investigation in the matter, custodial No exceptional or extra-ordinary ail is made out in favour of the he petition does not deserve to be ubmissions made by learned counsel conspiracy with the co-accused, is tially firing a shot with the pistol in ha on the night of 10/11.09.2025 and al land and chopping it off and then used in their respective disclosure anner in which the conspiracy was e allegations prima facie make out a in commission of subject offences. d thorough investigation, custodial r the s and dead f and NA cases r the odial inary the o be unsel is ol in and then sure was out a nces. odial AMIT SHARMA 2026.02.23 17:11 I attest to the accuracy and integrity of this order/judgment. CRM-M-68392- interrogation of th powers for grant exceptional or ext case is at its nasce any loopholes in t No exceptional o made out in favou order of anticipa procedure of crim above discussed fa of the case, this C to be allowed. Ac 9. Since any, is rendered in 23.02.2026 Amit Sharma


-2025 (O&M) 6 n of the petitioner is must. It is well grant of pre-arrest bail should be or extra-ordinary circumstances and nascent stage. For conducting effecti es in the same, the custodial interroga nal or extra-ordinary circumstance f favour of the petitioner. The Court ticipatory bail does not operate as f criminal cases by the trial Court. ssed facts but without meaning to ma this Court is of the considered opinion d. Accordingly the same is dismissed. Since the main petition has been dism ered infructuous. (MA Whether speaking/reasoned:- Yes 
 

well settled proposition of law that ld be exercised by the Court in s and not in a routine manner. The effective investigation so as to avoid terrogation of the petitioner is must. tance for grant of pre-arrest bail is Court is also required to see that an e as inroad in the normal legal ourt. Taking into consideration the to make any comment on the merit pinion that the petition does deserve issed. en dismissed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
that rt in The void ust. ail is at an legal the merit serve n, if AMIT SHARMA 2026.02.23 17:11 I attest to the accuracy and integrity of this order/judgment.