CRM-M No.15262 of 2026 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 ***** CRM-M No.15262 of 2026 (O & M) Date of decision : 27.7.2026 Date of uploading : 28.7.2026 Rajat ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Akshit Mehta, Advocate and Mr. Shubham Rai, Advocate, for the petitioner Ms. Priyanka Sadar, Senior DAG, Haryana --- 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.271 dated 24.6.2025 under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Industrial, Sector 7, Manesar, District Gurugram. 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 Station House Officer, Police Station Sector-7, IMT Manesar, District Gurugram, Haryana, Subject: Registration of FIR regarding murder of my brother Rajpal, Sir, I, Chandrasen S/o Shri Gyanti Swaroop, resident of Village Farida Gokul, Police Station Eka, District Firozabad, Uttar Pradesh, originally belong to the above-mentioned address. Presently, I am residing along with my wife and children in a rented ASHWANI KUMAR 2026.07.28 16:01 I attest to the accuracy and integrity of this document CRM-M No.15262 of 2026 (O & M) -2- accommodation at Village Kasan, District Gurugram. My parents are alive. We are six brothers and one sister. My younger brother, Rajpal, aged about 19 years, was working as a conductor on a bus operated by Jitendra Travels. The said buses operate for Maruti Company at IMT Manesar, Gurugram. That On 24.06.2025, my brother Rajpal was on duty as a conductor on Bus No. HR-55 AM-4011 and was present near Maruti Gate No. 1 on the road. I received information that his co-workers: 1. Rajat S/o Shri Prabhat Kumar, resident of Village Dwarikapur, Police Station Kamalganj, District Farrukhabad (U.P.) 2. Amit S/o Shri Sukhveer Singh, resident of Village Dwarikapur, Police Station Kamalganj, District Farrukhabad (U.P.) due to previous enmity, assaulted my brother Rajpal. Both of them, with intention to kill him, lifted him and threw him onto a stone, as a result of which he sustained grievous head injuries and fell on the spot in a pool of blood. I received this information from one Ajab Singh (Mobile No. 7819827757). Believing the information to be true, I immediately reached the spot and took my brother in an unconscious condition to Fortis Hospital, where the doctor declared him brought dead. It is evident that the above-named accused persons Rajat and Amit, in furtherance of their common intention and pre-planned conspiracy, caused fatal injuries to my brother and committed his murder. It is therefore requested that an FIR be registered against the above-mentioned accused persons and necessary legal action be taken against them. Sd/- Chandrasen, Mobile: 9654384656.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 25.6.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question primarily on the basis of suspicion. Learned counsel has further urged that the prime prosecution witnesses, namely Ajab Singh and Raj Kumar have turned hostile and thus, the trial will not culminate into conviction. Learned counsel has further submitted that the petitioner has suffered incarceration for more than 01 year. Learned counsel has further submitted that the petitioner is a young man aged 22 years with clean ASHWANI KUMAR 2026.07.28 16:01 I attest to the accuracy and integrity of this document CRM-M No.15262 of 2026 (O & M) -3- antecedents. Thus, regular bail is prayed for. 4. Learned State counsel had filed status report dated 13.4.2026 which is already on record. Raising submissions in tandem with the said status report, learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of regular bail. Learned State counsel seeks to place on record custody certificate dated 23.7.2026 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 25.6.2025 wherein after investigation was carried out; challan was prepared on 19.9.2025 and subsequently filed. It is not in dispute that out of total 20 cited prosecution witnesses, 19 have already stand examined. Thus, in the considered opinion of this Court, the petitioner is not in a position to tamper with the prosecution evidence. Even otherwise, nothing tangible has been brought forward to indicate the likelihood of the petitioner to abscond from the process of justice or interfering with the prosecution evidence/witnesses. 6.1 As per custody certificate dated 23.7.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 01 year and 29 days & is not shown to be involved in any other case. 6.2 Keeping in view the entirety of the factual milieu of the case in hand, especially the period of incarceration undergone, 19 out of 20 ASHWANI KUMAR 2026.07.28 16:01 I attest to the accuracy and integrity of this document CRM-M No.15262 of 2026 (O & M) -4- prosecution witnesses having been already examined, prime prosecution witnesses, namely Ajab Singh and Raj Kumar having turned hostile and the petitioner being young man aged 22 years with clean antecedents, this Court is inclined to grant the concession of regular bail. 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. (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 for cancellation of bail of the petitioner. ASHWANI KUMAR 2026.07.28 16:01 I attest to the accuracy and integrity of this document CRM-M No.15262 of 2026 (O & M) -5- 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Pending miscellaneous application(s), if any, stand disposed of accordingly. (SUMEET GOEL) JUDGE 27.7.2026 Ashwanii Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.07.28 16:01 I attest to the accuracy and integrity of this document