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CRM-M-21677-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 225 CRM-M-21677-2026
Decided on : 09.07.2026 Nitesh Kumar . . . Petitioner(s) Versus State of Haryana . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. D.S. Matya, Advocate for the petitioner(s). Mr. Birender Bikram Attrey, Addl. A.G. Haryana **** SANJAY VASHISTH, J. (Oral)
1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Nitesh Kumar, aged 26 years 135 12.09.2025 108 and 3(5) of BNS, 2023 Sohna Gurugram
2. Incident of committing suicide by victim-Ajay Pal at about 2.30 a.m. on 12.09.2025 and in that regard FIR was got registered by his brother Vijay Pal, which reads as under:
“Sir, It is humbly submitted submitted that I, Vijay Pal son of Sh. Uday Vir, is resident of Village Dohla, Tehsil Sohna, District Gurgaon. My brother Ajay Pal son of Sh.Uday Vir is having Medical Store in Ashiana Society. Marriage of my brother Ajay Pal took place on 23.2.2023 with Lakshmi daughter of Santosh REENA 2026.07.10 16:57 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-21677-2026 Chauhan son of Kunwar Pal, resident of Village Resri, Police Station Khair, District Aligarh. The in laws of of Ajay Pal used to have quarrel with him. On 12.8.2025, his saala (brother in law) Nitesh son of Santosh Chauhan in connivance with his friends gave beatings to Ajay Pal near K.R. Mangalam, when he was coming back from his Medical Store. In this connection, an F.I.R. is lying registered in Police Station City, Sohna. After registration of said F.I.R., Nitesh, his wife Meera, Geeta, mother in law of Ajay, Kishan Bir son of Bhagwana, chacha sasur, Raj Kumar & his sons, Santosh Chauhan, father in law of my brother, Sachin & Santosh started giving him threats to implicate in some false case & eliminating him, due to which reason, my brother was so scared. Meanwhile, a complaint with allegation of dowry filed against him in Police Station, Khair. My brother was threatened that you may either withdraw the said F.I.R., otherwise you will be sent behind the bars. Due to this threat, my brother Ajay Pal strangulated himself in his room on 12.12.2025 at about 2.30 A.M. My brother Ajay Pal has committed suicide due to fear of said accused.
Hence due legal action may be taken against all the said accused. Sd/- Vijay Pal, Mobile No. 7082043071, Date : 12.09.2025.”
3. As per allegations in the FIR there were total eight accused namely (i) Nitesh Kumar (petitioner herein), (ii) Meera, (iii) Geeta, (iv) Kishan Bir, (v) Raj Kumar, (vi) Santosh Chauhan, (vii) Sachin and (viii) Santosh. 4.
Learned counsel for the petitioner contends that a false version has been introduced. As per allegations in FIR, deceased Ajay Pal, was having quarrel with the accused persons i.e. members in the in-laws family and on that account on 12.08.2025, he was given beatings when coming back from his medical store. He further argues that except of petitioner and co-accused Kishan Bir all other accused named in the FIR were found innocent during investigation. He further argues that to probabalize the allegation of giving beatings, there is no medical evidence to prove that on 12.08.2025, deceased suffered any injury. Moreover, deceased has killed himself and such offence can not be termed as serious as a case of culpable homicide. The ingredients of Section 107 IPC (Section 45 of BNS) are yet to be REENA 2026.07.10 16:57 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-21677-2026 proved by the prosecution because that is completely missing in the FIR.
4. On the other hand, learned State counsel while opposing the bail and
submissions advanced on behalf of the petitioner, submits that petitioner is one of the main accused, who gave beatings one month prior to the incident, however, the allegations in FIR it could not be highlighted as to what sudden instigation or abetment was there for the deceased to commit suicide in the night of 12.09.2025. It is also made clear that after investigation, challan has already been submitted and out of total 19 prosecution witnesses, none has been examined till date, however, considering the nature and gravity of the offence alleged against him, he is not entitled to the concession of regular bail.
5. The petitioner is inside jail for the last about 07 months (6 months and 29 days). Whether the ingredients to constitute an offence of abetment/instigation to commit suicide are sufficient is a matter to be adjudicated by the trial Court, by examining the evidence adduced before it. Therefore, this Court does not find any substantial reason to continue the detention of the petitioner any longer inside jail. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.
6. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
7. The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.
8. Petition stands disposed of. REENA 2026.07.10 16:57 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-21677-2026 Pending misc. application(s), if any, also stand disposed of. July 09, 2026 (SANJAY VASHISTH) JUDGE reena Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No REENA 2026.07.10 16:57 I attest to the accuracy and integrity of this document Chandigarh