CRM-M- IN T 255 Rajesh v. State of Ha CORAM: Present: AARADHN 1. registered a 309(4), 61( present peti 2. being taken affidavit o Narnaund, regarding reiterated b market in N her, but no -21396-2026 -1 IN THE HIGH COURT OF PUNJ CHANDIGA of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Sanchit Punia, Advocate f Mr. Krishan Lal Saini, Senior **** ADHNA SAWHNEY, J. (Oral) Petitioner, an accused in case tered against him under Sections 103( 4), 61(2), 66, 50 of BNS, at Police S nt petition under Section 483 of BNSS Relevant facts necessary for taken from para 2 of the status repo avit of Davender Nain, HPS, De aund, District Hansi. The same are rep “…On 16.11.2024, compla ing missing of his mother and th ted below: On that day at about 1:0 t in Narnaund and did not return ho t no clue was found. After giving p 1- PUNJAB AND HARYANA AT DIGARH CRM-M-21396-2026 Date of Decision: 07.05.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. ocate for the petitioner. enior DAG, Haryana. n case FIR No. 452 dated 16.11.202 103(1), 127(6), 238(A), 249(A), 3(5 lice Station Narnaund, Hisar, has file BNSS. ry for disposal of present petition a s report dated 5.5.2026 filed by way o , Deputy Superintendent of Polic are reproduced as under:- plainant lodged a police repo d the contents of the complaint a t 1:00 PM, she went at the vegetab n home after that. They searched fo ng physical description, a prayer wa .2026 .2024, ), 3(5), as filed tion are way of Police, report nt are etable ed for er was GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document CRM-M- made for s 127(6) BN complainan near water identified b some unkn mother. Of inspected. blood stain possession. Hospital, H case is inj report is ap Jagbir discl Sadhu Ram The above his involve sequence o further disc These facts statement o co-accused respectively disclosure -21396-2026 -2 for searching his mother. On the BNS was registered. On 17. inant suffered a statement that he fo ater works. The body was scratch ied by complainant by the articles w unknown persons with the intention . Offence under sections 103(1), 309 During the course of invest cted. Blood stained stone, blood stai d stained sand etc. lying at the spo ession. Post mortem of the dead bod ital, Hisar. The Board of Doctors opi s injuries described coupled with n rt is appended as Annexure R-1 along w During the further course of in ir disclosed that his aunt Krishna Dev u Ram and juvenile son of Suresh, b above two were arrested on 23.11.2024 nvolvement in the commission of ence of events and the manner in whic er disclosed that after sexual assaulti e facts were also disclosed by him to h ment of Juvenile. Co-accused Sadhu R cused Anup) were arrested on ctively. Admittedly, the name of pr osure statement of co-accused Anup 2- the basis of said complaint, FIR u 17.11.2024, at about 10.30 AM he found the dead body of his moth atched by dogs. The dead body wa les worn by her. It was alleged th ntion to rob her, have murdered h ), 309(4) of the BNS were added.” investigation, spot of the crime wa od stained grass, blood stained clothe e spot were collected and taken in ad body was got conducted at Gener rs opined that the cause of death in th ith neck compression. Post morte along with Status Report. e of investigation, one Mandeep, son o a Devi was murdered by Anup, son o , both residents of village Budan 1.2024. Co-accused Anup confessed n of offence and threw light on th n which the offence was committed. H ssaulting the lady, they murdered he to his parents. On similar lines is th dhu Ram and his wife Maya (parents o d on 24.11.2024 and 27.11.202 of present petitioner cropped in Anup. As per the prosecution, the ro IR u/s AM, other y was d that ed his me was clothes, en into General in this mortem , son of , son of Budana. sed to on the ted. He red her. es is the rents of 1.2024, in the the role GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document CRM-M- attributed t parents, gu he abetted t The call de he was freq of FSL, M detected on blood samp swab of dec respects wa 3. for grant o Fast Track application 4. been falsely was known of whom, mother of that after th father co- (P) to help explicitly to surrende -21396-2026 -3 uted to petitioner is that he initially ts, guided them as also that the entire etted the main accused in the commiss Mobile phone (make Vivo) w call detail records of present petition w as frequently in touch with co-accuse L, Madhuban (Annexure R-3) ind ted on the vaginal swab of the decea d sample of co-accused Anup matche of deceased. On culmination of investig cts was filed in the Court. Petitioner, who was arrested o rant of bail. Learned Additional Se Track Court, Hisar, vide order date cation. Aggrieved of which, the prese Learned counsel for the petiti falsely implicated in the present case o known to the parents of main accused hom, few days after committing murd er of the complainant. Continuing f after the murder of Jaibir, co-accused -accused Sadhu Ram, who consu o help them being a co-villager. E citly told the parents of co-accused An rrender before the Police. This advis 3- itially helped the main accused and h entire facts were known to him. Thu mmission of offence. ivo) was recovered from the petitione ition were obtained which indicated th accused Sadhu Ram and Maya. Repo indicated that human semen wa deceased. DNA profile obtained fro matched with the DNA of the vagin vestigation, challan complete in a sted on 9.9.2025, moved an applicatio nal Sessions Judge-cum-Special Judg r dated 6.12.2025, dismissed the sa present petition has been filed. petitioner contends that petitioner ha t case only on account of the fact that h cused Anup and Juvenile offender, bo murder of Jaibir, raped and murdere uing further, learned counsel contend cused Anup narrated the incident to h consulted petitioner and requested hi er. Even at that time, petitioner ha sed Anup that the boys should be aske advise was not taken in the light spir and his . Thus, titioner. ted that Report was ed from vaginal in all lication l Judge, the said ner has t that he er, both urdered ontends nt to his ted him ner had e asked ht spirit GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document CRM-M- by the fami with him, g in another the disclos recovered commission situated co co-accused been verifi today in Co considering completion petitioner violative of right to spe general ru petition has 4. State couns of offence to follow petitioner be provided of the petiti of raping -21396-2026 -4 e family members of co-accused Anup him, got infuriated and falsely involve er case bearing FIR No. 437 dated disclosure statement of co-accused, ered at the instance of the petiti ission of offence. Towards the end, learned c ted co-accused, namely, Sadhu Ram a cused Anup, have been granted the c verified by the learned State counse in Court), it has, thus, been prayed idering that investigations are com letion of trial in the near future is quit ioner would not serve any useful purpo of his rights under Article 21 of speedy trial but would also be ag rule and incarceration is an exc has been made. Per contra, while opposing the counsel submits that petitioner played fence inasmuch as he guided the youn the wrong path. Initially, whe ioner encouraged them and assured ovided to them. Feeling confident an petitioner, the young offenders comm a middle aged woman, robbing 4- d Anup, who with a view to level score involved him in the present case as als 7 dated 6.11.2024. Further, apart fro cused, no incriminating material wa petitioner connecting him with th rned counsel contends that similar Ram and Maya, who are the parents o the concession of bail (which fact ha counsel on instructions of SI Sandee rayed that on the grounds of parity an re complete, but the likelihood o is quite remote, further incarceration l purpose as the same would not only the Constitution of India, includin against the principle of “Bail is exception”. Prayer for allowing the request for grant of bail, learne played a pivotal role in the commissio young offenders and encouraged th when the boys had murdered Jaibi that proper legal assistance wou and encouraged by the undertakin committed the present heinous offenc bing her of her precious jewellery an l scores as also art from was ith the imilarly rents of fact has andeep, rity and ood of ation of only be cluding is a the learned mission them Jaibir, would ertaking offence and GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document CRM-M- thereafter also provid indicate tha taken by co extended process of complainan played by grant of bai 5. documents 6. Court. documents 6. Court. Fac have been essence bei materia to various par and gravity convicted formula for peculiar fac SCC 40, ha -21396-2026 -5 after killing her. Not only did the pet provided financial support to them. that on account of some prior enmi co-accused Anup and juvenile offe It is further the submission the concession of bail, the likelih of justice by not appearing in lainant and related witnesses cannot by the petitioner and seriousness bail is made out. Dismissal of peti Heard learned counsel for ments on record. It is settled that grant or refus Factors to be kept in mind while been discussed by the Hon’ble Supr being that while exercising powers to Section 483 of BNSS), the Cou para meters including the nature of gravity of offence, punishments to icted, his past antecedents etc. Thus for exercising the discretion and ea facts. Hon’ble Supreme Court in Sa had held as under:- “21. In bail applications, from the earliest times that th 5- petitioner assit the other accused At this stage, there is nothing enmity, name of petitioner was false offender. ission learned State counsel that likelihood of petitioner fleeing from in the Court and overawing annot be ruled out. In view of the ro and gravity of offence, no case petition has been prayed for. for the parties and perused refusal of bail is the discretion of hile granting the concession of ba Supreme Court in several cases. Th powers under Section 439 Cr.P.C. (Pa Court has to take into consideratio of the charge, evidence, seriousne be awarded to a person, if he Thus, there can be no straight jack each case has to be examined on Sanjay Chandra v. CBI, (2012) s, generally, it has been laid dow at the object of bail is to secure th but to falsely that if the the role for the the bail The Pari deration iousness he is jacket on its 012) 1 down re the GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document CRM-M- -21396-2026 -6 appearance of the accused p amount of bail. The object preventative. Deprivation of punishment, unless it can be r person will stand his trial wh more than verbal respect to begins after conviction, and innocent until duly tried and d 22. From the earliest times, in custody pending completion hardship. From time to time, convicted persons should be secure their attendance at the is the operative test. In this co to the concept of personal libe that any person should be pu upon which, he has not b circumstances, he should be the belief that he will tamp liberty, save in the most extrao 23. Apart from the question a refusal of bail, one must n imprisonment before convict content and it would be impr as a mark of disapproval accused has been convicted fo 6- ed person at his trial by reasonab ject of bail is neither punitive no n of liberty must be considered be required to ensure that an accuse l when called upon. The courts ow ct to the principle that punishme and that every man is deemed to b nd duly found guilty. mes, it was appreciated that detentio etion of trial could be a cause of gre ime, necessity demands that some u be held in custody pending trial t the trial but in such cases, `necessit is country, it would be quite contra l liberty enshrined in the Constitutio e punished in respect of any matte ot been convicted or that in an be deprived of his liberty upon on amper with the witnesses if left xtraordinary circumstances. stion of prevention being the object st not lose sight of the fact that an nviction has a substantial punitiv mproper for any Court to refuse ba val of former conduct whether th ed for it or not or to refuse bail to a nable e nor red a cused ts owe hment to be ention f great e un- rial to essity' ntrary itution atter, n any n only left at ject of at any nitive e bail er the l to an GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document CRM-M- 7. by learned the case, petitioner, extended only be vio including r “Bail is a Hon’ble another, 20 8. to his furni Court/Duty following c -21396-2026 -7 un-convicted person for the p imprisonment as a lesson.” In view of the settled proposit arned counsel for the petitioner, but lest it may prejudice the trial, ioner, who has been in custody sin the concession of bail as his (P) be violative of his rights under Articl ding right to speedy trial but would is a general rule and incarceratio ble Supreme Court in Dataram 2018(2) R.C.R. (Criminal) 131. Resultantly, petitioner is grant s furnishing bail bonds/surety bonds t/Duty Magistrate concerned. The wing conditions:- (i) The petitioner will not the trial. (ii) The petitioner will prosecution witnesses. (iii) The petitioner shall su learned trial court and shall n permission of the trial Court. (iv) The petitioner shall not offence of which, he is an acc he is suspected of. (v) The petitioner shall n induce, threaten or promise to facts of the case so as to dissu 7- the purpose of giving him a taste roposition of law, submissions advance but without adverting to the merits trial, this Court is of the opinion th since 09.09.2025, deserves to (P) further incarceration would n Article 21 of the Constitution of Indi would also be against the principle o ration is an exception” as held b vs. State of Uttar Pradesh an s granted the concession of bail subje bonds to the satisfaction of learned tri The petitioner shall abide by th not tamper with the evidence durin ill not pressurize/ intimidate th ll surrender his passport before th all not leave the country without prio urt. l not commit an offence similar to t accused, or for commission of whic ll not directly or indirectly coerc ise to any person acquainted with th dissuade him/her from disclosing suc ste of dvanced erits of that be uld not f India, ciple of held by and subject ned trial by the during e the re the t prior to the which oerce, ith the g such GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document CRM-M- 9. that in case at liberty t order. 10. herein are l construed a independen 07.05.2026 gbs -21396-2026 -8 facts to the Court or to any evidence in any manner. (vi) The petitioner shall not (vii) The petitioner shall f number to the Trial Court fo same till the conclusion of the the petitioner seeks to chang shall be done only with prio Court, stating the reason for th (viii) The petitioner will appe and every date fixed, unless i Court. (ix) The trial Court/Duty M condition, as deemed app petitioner. Accordingly, the present petiti in case there is any breach of the afore erty to seek cancellation of bail as In view of the above, it is cla n are limited for the purpose of prese trued as an opinion on the merits of the endently of the aforesaid observations .2026 Whether Speaking/reasoned Whether Reportable 8- any police officer or tamper with th not in any manner misuse his liberty ll furnish his address and mobi rt forthwith and shall not change th f the trial and in case for any reaso ange any of the aforesaid, the sam prior intimation to the learned Tri for the same. appear before the trial Court on eac ess is exempted by a specific order ty Magistrate may impose any oth appropriate while releasing th t petition is allowed and it is made cle e aforesaid conditions, the State shall b ail as granted to the petitioner by th t is clarified that the observations mad f present proceedings and would not b s of the case and the trial would procee ations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No ith the berty. obile ge the eason, same Trial n each der of other g the de clear shall be by this ns made d not be proceed NEY) GURBACHAN SINGH 2026.05.08 16:14 I attest to the accuracy and integrity of this document