CRM-M-26760-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 246 CRM-M-26760-2026 Date of decision : 09.07.2026 Date of uploading : 09.07.2026 Ankit ………….Petitioner Versus State Of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Sukhdeep Singh, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, Haryana. Mr. Naresh Kaushik, Advocate for the complainant. --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.435 dated 31.10.2024 under Sections 103(1), 238(a), 3(5) of BNS, registered at Police Station Madhuban, District Karnal. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- “To the SHO Police Station, Madhuban, District Karnal. Respected Sir, it is respectfully submitted that I Rafiq S/o Sadiq resident of village Narayana Police Station Samalkha District Panipat. We are four brothers, one sister, whose name is Sinno, whose marriage was performed about 35 years ago with Sehnu alias Jhinnudin S/o Meharban R/o Uncha Samana. That my sister had two sons, out of which one had died seven years ago. That the marriage of the second son Salim was performed 8 years ago with Anisha D/o Shauqat Village Vint (Ladwa) Kurukshetra, who has a son and a daughter. That my sister used to have dispute with her son's wife Anisha due to wrong behaviour of Anisha. That Anisha had relations with neighbourhood boy Ankit S/o Mahabir Uncha Samana. My sister used to prohibit from this. Due to which Anisha used to beat my sister. With JATIN 2026.07.09 18:26 I attest to the accuracy and integrity of this document CRM-M-26760-2026 -2- regard to that we had even given a complaint in the police station. But due to petty quarrel, the matter used to be disposed off. That Anisha was having ill-will against my sister. Yesterday on 30.10.2024, we received a telephonic call from mobile no.8053109786 on mobile no.9813836501 that Sinnu's condition is bad, now she is dead. When we reached at Uncha Samana then saw that my sister has been got laid down in cot. There were marks on her neck, blood was there on her mouth and nose. That earlier we had doubt but now we have satisfied ourselves on our own level that Anisha, with having old ill-will and due to the ill-will because of hindrance caused in meeting with Ankit, in collusion with Ankit, have murdered my sister Sinno by strangulating her and by beating her. That legal action may be taken against Anisha and Ankit. Sd/- Rafiq S/o Sadiq R/o Narayana Police Station Samalakha District Panipat Date 31.10.2024. Police Proceedings:- The undersigned S.I. alongwith L/HC Asha and Constable Rakesh Kumar 1888, vide DD No.3 dated 31.10.2024, had reached back in the premises of the Police Station from village Uncha Samana and Karnal that the above said Rafiq met with the undersigned S.I. and submitted the above said complaint. That in this regard, as per the above said D.D. number, the post mortem of the deceased Sinno has been got done, the PMR report of which is pending. That from the perusal of the complaint, on finding out the offence to be committed U/s 103(1),3(5) BNS, the document, for registration of case, is being sent through Constable Rakesh Kumar 1888 to the police station. That after registering the case, FIR number be informed and special report be sent and the undersigned S.I. involved in the investigation. Sd/- Sukhbir Singh SI PS Madhuban Date 31.10.2024 at 4:05 PM 8901227888. At- Police Station premises, Ashok Vihar Colony Madhuban. At this time, it is entered that the undersigned Sub Inspector Lachman Singh present in the police station that one document written by S.I. Sukhbir Singh Police Station Madhuban Karnal on the complaint of Rafiq S/o Sadiq R/o Narayana Police Station Samalakha District Panipat against Anisha D/o Shauqat R/o Uncha Samana and Ankit S/o Mahabir R/o Uncha Samana regarding killing the complainant's sister Sinno by strangulating her and by beating her, received in the police station through Constable Rakesh 1888, thereupon on the above said document, case no.435 dated 31.10.2024 registered U/s 103(1),3(5) BNS at Police Station Madhuban and copy of police case alongwith original document is being sent to the I.O. through the official who brought it. Special report of FIR is being sent through email to the senior officers. Remaining copies of FIR will be sent through post to the senior officers.” 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 03.11.2024. Learned counsel has further argued that the petitioner has been falsely implicated in the FIR in question, as the FIR-complainant had suspected that the daughter-in-law of the deceased and the petitioner (herein) had an illicit relationship, which had come to the fore. Learned counsel has further submitted that the material prime prosecution witnesses already stand examined. Learned counsel has further submitted that even the FIR-complainant stands examined. JATIN 2026.07.09 18:26 I attest to the accuracy and integrity of this document CRM-M-26760-2026 -3- Learned counsel has further argued that one private prosecution witness, namely Gulbar, is left to be examined, but the said witness is primarily a witness to the recovery of the knife from the co-accused. Learned counsel has further argued that, at best, the prosecution evidence available against the petitioner is in the form of CCTV footage, the veracity whereof could be tested during the course of trial, and the petitioner is not in a position to tamper with the same. Learned counsel has further iterated that the petitioner is a young man aged about 20 years with no criminal antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has filed reply by way of affidavit dated 22.06.2026 in Court today. The same be kept on record. Copy thereof has been furnished to learned counsel for the petitioner. Raising submissions in tandem with the said reply, learned State counsel, along with learned counsel for the complainant, has opposed the present petition by arguing that the allegations are serious in nature and, thus, the petitioner does not deserve the concession of regular bail. Learned State counsel has submitted that, apart from the other evidence brought on record, there is clinching evidence against the petitioner in the form of CCTV footage, which shows that the petitioner, along with the co-accused, entered the house where the occurrence took place before the incident and left after the incident. Learned State counsel has submitted that this evidence is sufficient in itself to warrant the conviction of the petitioner. Learned State counsel has further submitted that the case in hand may entail capital punishment. Thus, dismissal of the petition in hand is entreated for. Learned State counsel seeks to place on record custody certificate dated 08.07.2026 in Court, which is taken on record. JATIN 2026.07.09 18:26 I attest to the accuracy and integrity of this document CRM-M-26760-2026 -4- 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 03.11.2024 wherein after investigation was carried out and challan qua the petitioner stands presented on 05.01.2025. Total 23 prosecution witnesses have been cited, but 7 have been examined and one has been given up till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of 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 evidence. 6.1 As per custody certificate dated 08.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 1 year 8 months and 4 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. 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 CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. JATIN 2026.07.09 18:26 I attest to the accuracy and integrity of this document CRM-M-26760-2026 -5- (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (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 cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 09.07.2026 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2026.07.09 18:26 I attest to the accuracy and integrity of this document