CRA CRA CRA CRA----SSSS----1483 1483 1483 1483----2026 2026 2026 2026 137 137 137 137 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 Jitender Kumar @ Jitender @ Jitu State of Haryana Date of Date of Date of Date of DDDDecision: ecision: ecision: ecision: Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’ bearing FIR No. under Sections Arms Act, 1959 (Section 3(2)(v) of the SC/ST Act added later on), at Police Station HTM Hisar, District Hisar. 2. complainant, namely, son, Akash @ Bachi did not return. On 17.04.2025, at about 4:00 a.m., she received information that Akash's dead body had been found near the flyover of the Old Sabji 2026 2026 2026 2026 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 CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRA CRA CRA CRA----SSSS----1483 1483 1483 1483----2026 2026 2026 2026 Jitender Kumar @ Jitender @ Jitu Versus Haryana and another ecision: ecision: ecision: ecision: July 14 July 14 July 14 July 14, 202 , 202 , 202 , 2026666 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 14 July 14 July 14 July 14, 2026 , 2026 , 2026 , 2026 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. Govind Mor, Advocate for the Mr. Gautam Kaile, DAG Haryana None for respondent No.2. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present appeal has been filed under Section Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’) for grant of regular bail to the bearing FIR No.240 dated 17.04.2025, registered for the offences punishable Sections 103(1), 190, 191(3) of the BNS, 2023 and Arms Act, 1959 (Section 3(2)(v) of the SC/ST Act added later on), at Police Station HTM Hisar, District Hisar. The gravamen of the allegations complainant, namely, Sheela Devi, stated that son, Akash @ Bachi had left home on his motorcycle along with a friend but did not return. On 17.04.2025, at about 4:00 a.m., she received information that Akash's dead body had been found near the flyover of the Old Sabji 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 AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ….Appellant ….Respondents HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the appellant. Mr. Gautam Kaile, DAG Haryana. has been filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellant, in case registered for the offences punishable 103(1), 190, 191(3) of the BNS, 2023 and Section 25 of the Arms Act, 1959 (Section 3(2)(v) of the SC/ST Act added later on), at Police gravamen of the allegations against the appellant is that Sheela Devi, stated that on 16.04.2025, her younger had left home on his motorcycle along with a friend but did not return. On 17.04.2025, at about 4:00 a.m., she received information that Akash's dead body had been found near the flyover of the Old Sabji 1111 Appellant s A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 in case registered for the offences punishable Section 25 of the Arms Act, 1959 (Section 3(2)(v) of the SC/ST Act added later on), at Police against the appellant is that her younger had left home on his motorcycle along with a friend but did not return. On 17.04.2025, at about 4:00 a.m., she received information that Akash's dead body had been found near the flyover of the Old Sabji MAHAVIR SINGH 2026.07.14 17:22 I attest to the accuracy and authenticity of this order/ judgment 2222 CRA CRA CRA CRA----SSSS----1483 1483 1483 1483----2026 2026 2026 2026 Mandi, Hisar. Upon making inquiries, she came to know that Raman, Karan, Mukki, Dinesh and Jeetu (petitioner herein) had murdered her son by inflicting knife blows and firing gunshots at him. 3. Learned counsel for the appellant has iterated that the appellant is in custody since 18.04.2025. Learned counsel has further iterated that no specific role has been attributed to the appellant. Learned counsel has submitted that, though, a motorcycle is stated to have been recovered from the appellant, which has been used in the crime in question, but there is no further direct incriminating evidence available against the appellant. Learned counsel has further submitted that the case in hand is one of the eye witness account. Learned counsel has further asserted that the appellant has already suffered incarceration for more than 01 year and 02 months and there is no pending FIR against the appellant. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present appeal by arguing that the allegations raised against the appellant are serious in nature and thus the appellant does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated 13.07.2026, in the Court today, which is taken on record. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The appellant was arrested on 18.04.2025 investigation was carried out and challan qua the appellant has been presented on 19.07.2025. Total 26 prosecution witnesses have been cited, out of which only 03 have been examined till date. It is thus, indubitable that conclusion of the trial will take long time. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court MAHAVIR SINGH 2026.07.14 17:22 I attest to the accuracy and authenticity of this order/ judgment 3333 CRA CRA CRA CRA----SSSS----1483 1483 1483 1483----2026 2026 2026 2026 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 appellant absconding from the process of justice or interfering with the prosecution evidence. 6.1. At this juncture, it would be apposite to refer herein a judgment of the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Javed Gulam Nabi Shaikh vs. State of Maharashtra and anothers, 20 Maharashtra and anothers, 20 Maharashtra and anothers, 20 Maharashtra and anothers, 2024(3) RCR (Criminal) 494 24(3) RCR (Criminal) 494 24(3) RCR (Criminal) 494 24(3) RCR (Criminal) 494, which reads thus: “18. Criminals are not born out but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. When a crime is committed, a variety of factors is responsible for making the offender commit the crime. Those factors may be social and economic, may be, the result of value erosion or parental neglect; may be, because of the stress of circumstances, or the manifestation of temptations in a milieu of affluence contrasted with indigence or other privations. 19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime. 20. We may hasten to add that the appellant is still an accused; not a convict. The over-arching postulate of criminal jurisprudence that an accused is presumed to be innocent until proven guilty cannot be brushed aside lightly, howsoever stringent the penal law may be. 21. We are convinced that the manner in which the prosecuting agency as well as the Court have proceeded, the right of the accused to have a speedy trial could be said to have been infringed thereby violating Article 21 of the Constitution.” 6.2. As per custody certificate dated 13.07.2026 filed by learned State counsel, the appellant has already suffered incarceration for a period of 01 year, 02 months and 24 days, & no case is stated to have been pending against the appellant. Suffice to say, further detention of the appellant as an undertrial is not warranted in the facts and circumstances of the case. MAHAVIR SINGH 2026.07.14 17:22 I attest to the accuracy and authenticity of this order/ judgment 4444 CRA CRA CRA CRA----SSSS----1483 1483 1483 1483----2026 2026 2026 2026 7. In view of above, the present appeal is allowed allowed allowed allowed. Appellant is ordered to be released on regular bail, if not required in any other case, 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 appellant shall remain bound by the following conditions: (i) The appellant shall not mis-use the liberty granted. (ii) The appellant shall not tamper with any evidence, oral or documentary, during the trial. (iii) The appellant shall not absent himself on any date before the trial. (iv) The appellant shall not commit any offence while on bail. (v) The appellant shall deposit his passport, if any, with the trial Court. (vi) The appellant shall give his cellphone 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 appellant 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 appellant. MAHAVIR SINGH 2026.07.14 17:22 I attest to the accuracy and authenticity of this order/ judgment 5555 CRA CRA CRA CRA----SSSS----1483 1483 1483 1483----2026 2026 2026 2026 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main 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 July 14 July 14 July 14 July 14, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.14 17:22 I attest to the accuracy and authenticity of this order/ judgment