CRM-M-17931-2025(O&M) 241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17931-2025 (O&M) Date of decision : 12.05.2025 Ajay ….Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Jitender K. Sehrawat, Advocate, for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana. ***** MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail pending trial to the petitioner in FIR No.185 dated 18.06.2023, under Sections 302, 449, 120-B and 148 read with Section 149 of Indian Penal Code, 1860 (for short ‘IPC’); Section 25 of Arms Act, 1959 [Section 27 of Arms Act added; whereas Section 25 of Arms Act deleted later on], registered at Police Station Uklana, District Hisar. (2) Allegations are that petitioner along with other co- accused, hatched a criminal conspiracy and in prosecution of their common object, committed murder of Balwan Singh (husband of de facto complainant) by giving gunshot injuries. (3) Contends that petitioner is in custody since 08.12.2023; co-accused, namely, Randhir @ Dhira and Manoj with similar -1- DIWAKER GULATI 2025.05.13 10:14 I attest to the accuracy and integrity of this document CRM-M-17931-2025(O&M) allegations have already been granted the bail pending trial by this Court vide orders dated 17.02.2025 (P-6) and dated 21.03.2025 (P-7) passed in CRM-M-21412-2024 and CRM-M-14368-2025, respectively. Also contends that de facto complainant-Kamlesh (wife of deceased) as well as both the eye-witnesses, namely, Pardeep & Manoj Kumar (PW- 3 to PW-5, respectively) have turned hostile and no one is supporting the charges against the petitioner. Lastly contends that out of total 32 prosecution witnesses, only 06 have been examined till date; thus, trial is likely to take sufficient long time; hence, further incarceration of the petitioner would not serve any purpose. (4) Per contra, learned State Counsel, on instructions, is not able to dispute that the de facto complainant as well as both the eye- witnesses have turned hostile; but he opposed the prayer on the premise that allegations against the petitioner are very serious in nature. (5) Heard learned Counsel for the parties and perused the paperbook. (6) As petitioner is in custody since 08.12.2023; de facto complainant as well as both the eye witnesses have turned hostile and out of total 32 prosecution witnesses, only 06 have been examined till date; thus, trial is likely to take sufficient long time. Moreover, this is not the objection raised by learned State Counsel that in case petitioner is released on bail, he is likely to hamper the trial or pressurize the prosecution witnesses in any manner. Hence, in such a scenario, further incarceration of the petitioner would not serve any purpose. -2- DIWAKER GULATI 2025.05.13 10:14 I attest to the accuracy and integrity of this document CRM-M-17931-2025(O&M) (7) Consequently, present petition is allowed. Petitioner be admitted to bail pending trial on his furnishing bail bonds and surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. (8) Petitioner shall fully co-operate with the learned trial Court without seeking any unnecessary adjournments. (9) The above observations be not construed as an expression of opinion on the merits of the case. (10) It is clarified that in case there is any misuse of concession of bail on the part of the petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 12.05.2025 (MAHABIR SINGH SINDHU) d.gulati JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No -3- DIWAKER GULATI 2025.05.13 10:14 I attest to the accuracy and integrity of this document