CRM CRM CRM CRM----M M M M----23653 23653 23653 23653---- 241 241 241 241 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Mukesh State of U.T., Chandigarh CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) the petitioner in case bearing FIR No offences punishable under short ‘IPC’), 2. petition by the petitioner) is as follows: purchasing the vegetable. I pick the phone person on the other side asked ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Date of decision: Date of decision: Date of decision: Date of decision: versus U.T., Chandigarh HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Manjot Singh Gujral, Advocate Mr. Manish Bansal, Public Prosecutor U.T., Mr. Navjit Singh, Advocate for the respondent ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) the petitioner in case bearing FIR No.01 dated ences punishable under Sections 302, 34 of the , at Police Station Mauli Jagran, Chandigarh. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows: “Statement of Preety Yadav w/o Sanjay Yadav R/O 583, Vikas Naggar MJ, CHD Age 25 yrs. Stated that I am resident of above mentioned address alongwith my husband and one year old daughter in the rental accommodation, today evening when Sanjay was at home, the came on his mobile phone at that time Sanjay went out of the house for purchasing the vegetable. I pick the phone person on the other side asked about my husband Sanjay that where is brother, I asked who are you then he replied that I am Mukesh calling from Dariya and I have three friend with me and he has some urgent work with Sanjay and I reply as and when Sanjay came home, I will talk to you, at present he is not at home. My husband done the of plumber, when Sanjay returned to home then I to him about the phone call and at about 8:10 PM he went out of the house and I keep waiting for him but Sanjay did not returned, Then I by taking 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CRM CRM CRM CRM----M M M M----23653 23653 23653 23653----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 12 August 12 August 12 August 12, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Mr. Manish Bansal, Public Prosecutor U.T., Chandigarh and Mr. Navjit Singh, Advocate for the respondent – U.T. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to dated 02.01.2024, registered for the of the Indian Penal Code, 1860 (for Mauli Jagran, Chandigarh. The case set up in the FIR in question (as set out in the present Statement of Preety Yadav w/o Sanjay Yadav R/O 583, Vikas Naggar MJ, CHD Age 25 yrs. Stated that I am resident of above mentioned address alongwith my husband and one year old daughter in the rental accommodation, today evening when Sanjay was at home, then a call was came on his mobile phone at that time Sanjay went out of the house for purchasing the vegetable. I pick the phone person on the other side asked about my husband Sanjay that where is brother, I asked who are you then h calling from Dariya and I have three friend with me and he has some urgent work with Sanjay and I reply as and when Sanjay came home, I will talk to you, at present he is not at home. My husband done the of plumber, when Sanjay returned to home then I told him about the phone call and at about 8:10 PM he went out of the house and I keep waiting for him but Sanjay did not returned, Then I by taking 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent 483 of the Bharatiya for grant of regular bail to registered for the Indian Penal Code, 1860 (for The case set up in the FIR in question (as set out in the present Statement of Preety Yadav w/o Sanjay Yadav R/O 583, Vikas Naggar MJ, CHD Age 25 yrs. Stated that I am resident of above mentioned address alongwith my husband and one year old daughter in the rental n a call was came on his mobile phone at that time Sanjay went out of the house for purchasing the vegetable. I pick the phone person on the other side asked about my husband Sanjay that where is brother, I asked who are you then h calling from Dariya and I have three friend with me and he has some urgent work with Sanjay and I reply as and when Sanjay came home, I will talk to you, at present he is not at home. My ld him about the phone call and at about 8:10 PM he went out of the house and I keep waiting for him but Sanjay did not returned, Then I by taking MAHAVIR SINGH 2025.08.12 18:07 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----23653 23653 23653 23653---- 3. has been falsely implicated into the FIR in question argued that the petitioner is in custody since 02.01.2024 iterated that assuming the petitioner has been ascribed role of making calling him as also getting caught hold of him while the main accused, namely, Ajay @ Bhanja Sanjay. Thus, regular bail is prayed for. 4. that the allegations raised he does not deserve the concession of the regular bail seeks to place on record custody certificate dated taken on record. 5. the available records of the case. 6. investigation was carried out and the challan was presented on ----2025 2025 2025 2025 my daughter into lap, alongwith my brother in law Mohit went out for looking Sanjay and reached park of Vikas a.m. dt. 02.01.2024, it came to notice that fight had took place among the boys and during fight boys kill some one by stabbing in stomach. Which I took the information from you and went to GMCH32 Chd, mortuary to saw the body, on seeing the body I identify my husband Sanjay s/o Rama Nand. I have strong belief that Mukesh who called my husband on phone call had kill my husband alongwith his friends. Mukesh and his friend have enmity with my husband and give threats to kill m husband disclosed this fact to me. Now these person Mukesh and his friends in convenience with each other kill Sanjay by stabbing knife to him. Legal action be taken against Mukesh and his friends. Due to stab in the park, on seeing blood drenched corpse of Sanjay laying in become unconscious, now I regain conscious and record my statement Learned counsel for the petitioner has has been falsely implicated into the FIR in question the petitioner is in custody since 02.01.2024 iterated that assuming arguando, the prosecution version is to be taken correct, the petitioner has been ascribed role of making calling him as also getting caught hold of him while the main accused, namely, @ Bhanja had inflicted knife blow, which resulted into death of Thus, regular bail is prayed for. Learned State counsel has opposed the that the allegations raised against the petitioner does not deserve the concession of the regular bail seeks to place on record custody certificate dated taken on record. I have heard counsel for the rival the available records of the case. The present petitioner was arrested on investigation was carried out and the challan was presented on 2222 my daughter into lap, alongwith my brother in law Mohit went out for looking Sanjay and reached park of Vikas Nagar, Mauli Jagran it was 4.30 a.m. dt. 02.01.2024, it came to notice that fight had took place among the boys and during fight boys kill some one by stabbing in stomach. Which I took the information from you and went to GMCH32 Chd, mortuary to ody, on seeing the body I identify my husband Sanjay s/o Rama Mukesh who called my husband on phone call had kill my husband alongwith his friends. Mukesh and his friend with my husband and give threats to kill my husband, my husband disclosed this fact to me. Now these person Mukesh and his friends in convenience with each other kill Sanjay by stabbing knife to him. Legal action be taken against Mukesh and his friends. Due to stab in nched corpse of Sanjay laying in mortuary, I become unconscious, now I regain conscious and record my statement.” Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel further the petitioner is in custody since 02.01.2024. Learned counsel , the prosecution version is to be taken correct, the petitioner has been ascribed role of making a phone call to the deceased and calling him as also getting caught hold of him while the main accused, namely, knife blow, which resulted into death of deceased/ Learned State counsel has opposed the present petition by arguing against the petitioner are serious in nature and, thus, does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 12.08.2025 in Court, which is rival parties and have gone through arrested on 02.01.2024, whereinafter, investigation was carried out and the challan was presented on 02.04.2024. 2222 my daughter into lap, alongwith my brother in law Mohit went out for Nagar, Mauli Jagran it was 4.30 a.m. dt. 02.01.2024, it came to notice that fight had took place among the boys and during fight boys kill some one by stabbing in stomach. Which I took the information from you and went to GMCH32 Chd, mortuary to ody, on seeing the body I identify my husband Sanjay s/o Rama Mukesh who called my husband on phone call had kill my husband alongwith his friends. Mukesh and his friend y husband, my husband disclosed this fact to me. Now these person Mukesh and his friends in convenience with each other kill Sanjay by stabbing knife to him. Legal action be taken against Mukesh and his friends. Due to stab in , I that the petitioner Learned counsel further . Learned counsel , the prosecution version is to be taken correct, and calling him as also getting caught hold of him while the main accused, namely, deceased/ arguing , Learned State counsel 2025 in Court, which is parties and have gone through whereinafter, . MAHAVIR SINGH 2025.08.12 18:07 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----23653 23653 23653 23653---- Total 37 prosecution witnesses have been cited examined and 07 have given up it is, indubitable that conclusion of trial will take long. placed co-accused, namely concession of regular bail by this Court, on 04.04.2025 passed in 7755 7755 7755 7755----2025 2025 2025 2025. The rival course of the these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the absconding from the process of justice or interfering with the prosecution evidence. 6.1. State counsel, the petitioner has already suffered incarceration for a period of 01 year, 07 months FIR. not warranted in the facts 7. ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. to conditions that may be imposed by the concerned petitioner shall remain bound by the following conditions: ----2025 2025 2025 2025 prosecution witnesses have been cited and 07 have given up till date. Keeping in view the pace of the trial, indubitable that conclusion of trial will take long. accused, namely, Satpal @ Patra concession of regular bail by this Court, on 04.04.2025 passed in The rival contentions raised at Bar give the trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the absconding from the process of justice or interfering with the prosecution As per custody certificate dated State counsel, the petitioner has already suffered incarceration for a period of months & 10 days, & is not shown to be involved in any other case/ Suffice to say, further detention of the petitioner as an not warranted in the facts and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. 3333 prosecution witnesses have been cited, but only 23 have been Keeping in view the pace of the trial, indubitable that conclusion of trial will take long. In somewhat similarly has already been extended the concession of regular bail by this Court, on 04.04.2025 passed in CRM CRM CRM CRM----M M M M---- raised at Bar give shall be gone into during trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution As per custody certificate dated 12.08.2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of , & is not shown to be involved in any other case/ Suffice to say, further detention of the petitioner as an undertrial is and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the /Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM /Duty Magistrate, the petitioner shall remain bound by the following conditions: The petitioner shall not mis-use the liberty granted. petitioner shall not tamper with any evidence, oral or documentary, during the trial. 3333 been Keeping in view the pace of the trial, ly has already been extended the ---- during trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing likelihood of the petitioner absconding from the process of justice or interfering with the prosecution .08.2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of , & is not shown to be involved in any other case/ undertrial is In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the /Duty Magistrate. However, in addition /Duty Magistrate, the petitioner shall not tamper with any evidence, oral or MAHAVIR SINGH 2025.08.12 18:07 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----23653 23653 23653 23653---- 8. which may be imposed by concerned hereinabove or upon showing any other suf shall be at liberty to move cancellation of bail of the petitioner. 9. 10. opinion on the merits of the case. 11. application, if any, shall also stands disposed off. August 12 August 12 August 12 August 12, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell permission of the CJM/ Duty (vii) The petitioner shall not in any manner try to delay the trial. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 4444 The petitioner shall not absent himself on any date before The petitioner shall not commit any offence while on bail. l deposit his passport, if any, with the The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior CJM/ Duty Magistrate. The petitioner shall not in any manner try to delay the trial. In case of breach of any of the aforesaid conditions and those CJM/ Duty Magistrate as directed ficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. Nothing said hereinabove shall be construed as an expression of in case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 4444 The petitioner shall not absent himself on any date before l deposit his passport, if any, with the The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and phone number without prior In case of breach of any of the aforesaid conditions and those Duty Magistrate as directed ficient cause, the State/complainant Nothing said hereinabove shall be construed as an expression of in case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.12 18:07 I attest to the accuracy and authenticity of this order/ judgment