CRM-M-21582- IN THE HIGH COURT OF PUNJAB AND HARYANA AT DADWAL KUMAR STATE OF PUNJAB 1 The date when the 2 The date when the judgment is pronounced 3 The date when the judgment is uploaded on the website 4 Whether only operative part of the judgment is pronounced or whether the full judgment is pronounced 5 The delay, if any, of the pronouncement of full judgment and reasons thereof. CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. 1. The 483 of Bharatiya of regular bail in case arising out of FIR No. under Section 302 of IPC at Police Station Jamalpur, Police Commissionerate, Ludhiana. 2. As per the allegations, on 6 regarding the murder of wife of the petitioner, a police party had reached at his -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DADWAL KUMAR Versus PUNJAB The date when the judgment is reserved The date when the judgment is pronounced The date when the judgment is uploaded on the website Whether only operative part of the judgment is pronounced or whether the full judgment is pronounced The delay, if any, of the pronouncement of full judgment and reasons thereof. HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Manish Verma, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. The instant petition has been filed of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in case arising out of FIR No.250 dated 06.11.2023 registered Section 302 of IPC at Police Station Jamalpur, Police Commissionerate, As per the allegations, on 6-11-2023, on receipt of an information regarding the murder of wife of the petitioner, a police party had reached at his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21582-2026 (O&M) ... Petitioner ...Respondent judgment is reserved 26.05.2026 The date when the judgment is pronounced 29.05.2026 The date when the judgment is uploaded on the 29.05.2026 Whether only operative part of the judgment is pronounced or whether the full judgment is Full The delay, if any, of the pronouncement of full Not applicable HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner has been filed by the petitioner under Section Sanhita, 2023 (for short “BNSS”) for grant 250 dated 06.11.2023 registered Section 302 of IPC at Police Station Jamalpur, Police Commissionerate, 2023, on receipt of an information regarding the murder of wife of the petitioner, a police party had reached at his .. Petitioner ...Respondent under Section for grant 250 dated 06.11.2023 registered Section 302 of IPC at Police Station Jamalpur, Police Commissionerate, 2023, on receipt of an information regarding the murder of wife of the petitioner, a police party had reached at his AMIT SHARMA 2026.05.29 14:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-21582- house and recorded th November 2023, he had gone to Phagwara and had stayed there during night hours. In the morning of the next day, his son Pratigya called him and informed that his wife Pooja Devi was lying unconscious out of her neck. He immediately rushed to Ludhiana and on reaching his house found the dead body of his wife lying there. By alleging that some unknown assailant had killed his wife, he prayed for taking action in the matter. 3. After registration of FIR, investigation proceedings were initiated. Post-mortem of the dead body iron blade having length of 7 cm near the dead body, had been taken in report, as many a on the person of dead body, which were ante sufficient to cause her death in ordinary course of nature. 4. As Rohit Kumar, brother of the victim Pooja Devi, recorded his statement, levelling allegations against the petitioner and alleging that on 5th November 2023, the victim had called him and had i to kill her. On the same night, the petitioner had made a video call to him and told him that he had gone to Phagwara to search for the address of his nephew Krishna and then in the next morning, the dead b lying in the bed. Rohit Kumar also disclosed that on confronting the petitioner, he had given evasive replies and had fled away from the spot. On the basis of -2026 (O&M) 2 house and recorded the statement of the petitioner to the effect that on 5th November 2023, he had gone to Phagwara and had stayed there during night hours. In the morning of the next day, his son Pratigya called him and informed that his wife Pooja Devi was lying unconscious out of her neck. He immediately rushed to Ludhiana and on reaching his house found the dead body of his wife lying there. By alleging that some unknown assailant had killed his wife, he prayed for taking action in the matter. After registration of FIR, investigation proceedings were initiated. mortem of the dead body of the victim was conducted. One blood iron blade having length of 7 cm which along with other articles near the dead body, had been taken into possession report, as many as 13 injuries in the nature of incised wound on the person of dead body, which were ante sufficient to cause her death in ordinary course of nature. per the further allegations, during the course of investigation, Rohit Kumar, brother of the victim Pooja Devi, recorded his statement, levelling allegations against the petitioner and alleging that on 5th November 2023, the victim had called him and had informed that the petitioner was extending threats to kill her. On the same night, the petitioner had made a video call to him and told him that he had gone to Phagwara to search for the address of his nephew Krishna and then in the next morning, the dead b lying in the bed. Rohit Kumar also disclosed that on confronting the petitioner, iven evasive replies and had fled away from the spot. On the basis of e statement of the petitioner to the effect that on 5th November 2023, he had gone to Phagwara and had stayed there during night hours. In the morning of the next day, his son Pratigya called him and informed that his wife Pooja Devi was lying unconscious on bed and blood was oozing out of her neck. He immediately rushed to Ludhiana and on reaching his house, found the dead body of his wife lying there. By alleging that some unknown assailant had killed his wife, he prayed for taking action in the matter. After registration of FIR, investigation proceedings were initiated. was conducted. One blood-stained along with other articles found lying to possession. As per the postmortem ncised wounds had been inflicted on the person of dead body, which were ante-mortem in nature and were sufficient to cause her death in ordinary course of nature. per the further allegations, during the course of investigation, Rohit Kumar, brother of the victim Pooja Devi, recorded his statement, levelling allegations against the petitioner and alleging that on 5th November 2023, the nformed that the petitioner was extending threats to kill her. On the same night, the petitioner had made a video call to him and told him that he had gone to Phagwara to search for the address of his nephew Krishna and then in the next morning, the dead body of his sister was found lying in the bed. Rohit Kumar also disclosed that on confronting the petitioner, iven evasive replies and had fled away from the spot. On the basis of e statement of the petitioner to the effect that on 5th November 2023, he had gone to Phagwara and had stayed there during night hours. In the morning of the next day, his son Pratigya called him and informed on bed and blood was oozing , found the dead body of his wife lying there. By alleging that some unknown After registration of FIR, investigation proceedings were initiated. stained found lying . As per the postmortem had been inflicted mortem in nature and were per the further allegations, during the course of investigation, Rohit Kumar, brother of the victim Pooja Devi, recorded his statement, levelling allegations against the petitioner and alleging that on 5th November 2023, the nformed that the petitioner was extending threats to kill her. On the same night, the petitioner had made a video call to him and told him that he had gone to Phagwara to search for the address of his nephew ody of his sister was found lying in the bed. Rohit Kumar also disclosed that on confronting the petitioner, iven evasive replies and had fled away from the spot. On the basis of AMIT SHARMA 2026.05.29 14:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-21582- this statement, the petitioner was nominated as an accused. Statement Taranjit Singh had also been recorded to the effect that the petitioner had suffered an extra him. The petitioner was arrested on 7 admitting his involvement in the crime and got recovered his blood clothing and one blood Investigation now stands concluded. 5. It is argued by learned falsely implicated in this case. There is no eye victim. The case rests upon circumstantial evidence and there is no circumstance to connect him of the subject crime. Rohit, brother o been examined. The trial will take considerable time to conclude as only of 21 prosecution witnesses have been examined so far. His further incarceration would not serve any useful purpose. incarceration of 02 years, 06 months and 15 days. is, therefore, argued that he deserves to be relea deserves to be allowed. 6. Per contra, learned state counsel, while relying upon the sta report, has vehemently argued that the allegations against the petitioner are serious in nature. Recovery of incriminating evidence has been effected at his instance. He had suffered extra that witness is yet to be examined. Taking into consideration the gravity of the -2026 (O&M) 3 this statement, the petitioner was nominated as an accused. Statement Taranjit Singh had also been recorded to the effect that the petitioner had suffered an extra-judicial confession about committing murder of his wife before tioner was arrested on 7-11-2023. He suffered disclosure statement admitting his involvement in the crime and got recovered his blood clothing and one blood-stained plastic cutter, which were taken into possession. Investigation now stands concluded. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. There is no eye victim. The case rests upon circumstantial evidence and there is no circumstance to connect him of the subject crime. Rohit, brother o been examined. The trial will take considerable time to conclude as only of 21 prosecution witnesses have been examined so far. His further incarceration would not serve any useful purpose. The petitioner has suffered a pro incarceration of 02 years, 06 months and 15 days. argued that he deserves to be relea deserves to be allowed. Per contra, learned state counsel, while relying upon the sta report, has vehemently argued that the allegations against the petitioner are serious in nature. Recovery of incriminating evidence has been effected at his instance. He had suffered extra-judicial confession before Taranjit Singh and et to be examined. Taking into consideration the gravity of the this statement, the petitioner was nominated as an accused. Statement of one Taranjit Singh had also been recorded to the effect that the petitioner had judicial confession about committing murder of his wife before . He suffered disclosure statement admitting his involvement in the crime and got recovered his blood-stained stained plastic cutter, which were taken into possession. counsel for the petitioner that he has been falsely implicated in this case. There is no eye-witness to the murder of the victim. The case rests upon circumstantial evidence and there is no circumstance to connect him of the subject crime. Rohit, brother of the victim, has already been examined. The trial will take considerable time to conclude as only 03 out of 21 prosecution witnesses have been examined so far. His further incarceration The petitioner has suffered a prolonged incarceration of 02 years, 06 months and 15 days. His antecedents are clean. It argued that he deserves to be released on bail and the petition Per contra, learned state counsel, while relying upon the status report, has vehemently argued that the allegations against the petitioner are serious in nature. Recovery of incriminating evidence has been effected at his judicial confession before Taranjit Singh and et to be examined. Taking into consideration the gravity of the of one Taranjit Singh had also been recorded to the effect that the petitioner had judicial confession about committing murder of his wife before . He suffered disclosure statement stained stained plastic cutter, which were taken into possession. counsel for the petitioner that he has been witness to the murder of the victim. The case rests upon circumstantial evidence and there is no circumstance f the victim, has already out of 21 prosecution witnesses have been examined so far. His further incarceration longed His antecedents are clean. It sed on bail and the petition tus report, has vehemently argued that the allegations against the petitioner are serious in nature. Recovery of incriminating evidence has been effected at his judicial confession before Taranjit Singh and et to be examined. Taking into consideration the gravity of the AMIT SHARMA 2026.05.29 14:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-21582- allegations as leveled against the petitioner, he does not deserve to be extended benefit of bail. It is, 7. This Court has hear for the parties at considerable length. 8. The petitioner is alleged to have committed the murder of his wife on the intervening night of 5 serious in nature. The victim had been killed brutally by inflicting as many as 13 incised wounds on her person. involvement/participation in the occurrence. The allegations against the petitioner are serious in nature as punishable with capital punishment or life imprisonment incarceration is a factor that weighs with the Court in considering bail, it cannot overshadow the seriousness of the accusation of murder under Sectio The well settled proposition of law is that mere prolonged period of custody or the fact that the trial is likely to take time by itself or coupled with the period of incarceration are not sufficient grounds for enlarging an accused on bail, wh the offence alleged is serious. observations made in Chenna Boyanna Krishna Yadav Vs. State of Maharashtra, (2007) 1 SCC, 242 and State through CBI Vs. 280(SC). It is discretionary relief to be granted or denied based on specific facts and circumstance of each case and there cannot be any exhaustive pa -2026 (O&M) 4 allegations as leveled against the petitioner, he does not deserve to be extended It is, therefore, argued that the petition This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner is alleged to have committed the murder of his wife on the intervening night of 5./6.11.2023. The allegations against him are quite . The victim had been killed brutally by inflicting as many as 13 incised wounds on her person. The allegations prima facie show his clear involvement/participation in the occurrence. The allegations against the petitioner are serious in nature as he stands accused of a heinous crime punishable with capital punishment or life imprisonment incarceration is a factor that weighs with the Court in considering bail, it cannot overshadow the seriousness of the accusation of murder under Sectio The well settled proposition of law is that mere prolonged period of custody or the fact that the trial is likely to take time by itself or coupled with the period of incarceration are not sufficient grounds for enlarging an accused on bail, wh the offence alleged is serious. Reference in this context can be had to the observations made in Parmod Kumar Saxena Vs. UOI, 2008(63) ACC (SC) Chenna Boyanna Krishna Yadav Vs. State of Maharashtra, (2007) 1 SCC, 242 State through CBI Vs. Amaramani Tripathi, 2005(4) RCR (Criminal) It is also well-settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstance of each case and there cannot be any exhaustive pa allegations as leveled against the petitioner, he does not deserve to be extended the petition is liable to be dismissed. d the rival submissions made by learned counsel The petitioner is alleged to have committed the murder of his wife 11.2023. The allegations against him are quite . The victim had been killed brutally by inflicting as many as 13 The allegations prima facie show his clear involvement/participation in the occurrence. The allegations against the nds accused of a heinous crime punishable with capital punishment or life imprisonment. While length of incarceration is a factor that weighs with the Court in considering bail, it cannot overshadow the seriousness of the accusation of murder under Section 302 IPC. The well settled proposition of law is that mere prolonged period of custody or the fact that the trial is likely to take time by itself or coupled with the period of incarceration are not sufficient grounds for enlarging an accused on bail, when Reference in this context can be had to the Parmod Kumar Saxena Vs. UOI, 2008(63) ACC (SC), Chenna Boyanna Krishna Yadav Vs. State of Maharashtra, (2007) 1 SCC, 242 Amaramani Tripathi, 2005(4) RCR (Criminal) settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstance of each case and there cannot be any exhaustive parameters set out allegations as leveled against the petitioner, he does not deserve to be extended d the rival submissions made by learned counsel The petitioner is alleged to have committed the murder of his wife 11.2023. The allegations against him are quite . The victim had been killed brutally by inflicting as many as 13 The allegations prima facie show his clear involvement/participation in the occurrence. The allegations against the nds accused of a heinous crime While length of incarceration is a factor that weighs with the Court in considering bail, it cannot n 302 IPC. The well settled proposition of law is that mere prolonged period of custody or the fact that the trial is likely to take time by itself or coupled with the period of en Reference in this context can be had to the , Chenna Boyanna Krishna Yadav Vs. State of Maharashtra, (2007) 1 SCC, 242 Amaramani Tripathi, 2005(4) RCR (Criminal) settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and rameters set out AMIT SHARMA 2026.05.29 14:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-21582- for considering the application for grant of bail. The factors such as nature of accusations, severity of punishment if the accusations entail a conviction and nature of evidence in support of accusations are to be seen. That apart, reasonable apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should always be considered, and it is only the element of genuineness that has to be considered in the matter of grant of b on bail only on the ground of period spent by him in custody. Keeping in view the gravity of the allegations, the quantum of sentence for which the conviction may entail and the attendant facts meaning to make any comment on the merits thereof, considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 9. Since the main petition has been any, is rendered infructuous. 29.05.2026 Amit Sharma -2026 (O&M) 5 for considering the application for grant of bail. The factors such as nature of accusations, severity of punishment if the accusations entail a conviction and nature of evidence in support of accusations are to be seen. That apart, able apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should always be considered, and it is only the element of genuineness that has to be considered in the matter of grant of bail. As such, the petitioner is not entitled to be released on bail only on the ground of period spent by him in custody. Keeping in view the gravity of the allegations, the quantum of sentence for which the conviction may entail and the attendant facts and circumstances of the case but without meaning to make any comment on the merits thereof, considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. Since the main petition has been dismissed, any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No for considering the application for grant of bail. The factors such as nature of accusations, severity of punishment if the accusations entail a conviction and nature of evidence in support of accusations are to be seen. That apart, able apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should always be considered, and it is only the element of genuineness that has to be considered in As such, the petitioner is not entitled to be released on bail only on the ground of period spent by him in custody. Keeping in view the gravity of the allegations, the quantum of sentence for which the conviction and circumstances of the case but without meaning to make any comment on the merits thereof, this Court is of the considered opinion that the petition does not deserve to be allowed. dismissed, pending application, if (MANISHA BATRA) JUDGE Yes/No for considering the application for grant of bail. The factors such as nature of accusations, severity of punishment if the accusations entail a conviction and nature of evidence in support of accusations are to be seen. That apart, able apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should always be considered, and it is only the element of genuineness that has to be considered in As such, the petitioner is not entitled to be released on bail only on the ground of period spent by him in custody. Keeping in view the gravity of the allegations, the quantum of sentence for which the conviction and circumstances of the case but without f the considered opinion that the petition does not deserve to be allowed. pending application, if AMIT SHARMA 2026.05.29 14:43 I attest to the accuracy and integrity of this order/judgment.