Punjab-Haryana High Court
Shubham vs State Of Haryana on 18 November, 2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
216-2
CRM-M-23213-2025 (O&M)
SHUBHAM
....PETITIONER
versus
STATE OF HARYANA
....RESPONDENT
Date of decision: 18.11.2025
Date of Uploading: 18.11.2025
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present:- Mr. Sahil Choudhary, Advocate for the petitioner.
Ms. Priyanka Sadar, Senior DAG, Haryana.
Mr. G.S. Ghuman, Advocate for the complainant.
*****
SUMEET GOEL, J. (ORAL)
1. Present petition has been filed under Section 483 of BNSS,
2023 for grant of regular bail to the petitioner in case bearing FIR No. 52
dated 11.02.2023 under Section 302 of IPC ( Sections 120-B and 201 of IPC
added later on) registered at Police Station Mullana, District Ambala.
2. The case set up in the FIR in question (as set out in the present
petition by the petitioner) is as follows:- .
"Sir, the copy of the letter is as follows- Statement of unknown
Surjan Singh son of Prasanna Ram resident of village Sehla
police station Mullana district Ambala age about 56 years
mobile no. 9050623945. Stated that I am a resident of the above
name and address and I do manual labour work. I have two
sons and a daughter, out of which my daughter Komal age 28
years died in the year 2022 due to mental disorder, the elder
son Prince who is currently working abroad in Dubai and the
younger son Naveen Kumar age about 30 years who used to
work as a DJ and was married and has a son Rohin of about 5
years. I and my son Naveen are living together with our family
in village Sehla. Today in Naraingarh, my elder son Prince's
brother-in-law's wedding was taking place. All of us family
members got ready and went to the wedding at around 11 AM.
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At that time my son Naveen and his wife Manjeet Kaur were at
home. When we returned home from the wedding at around 4
PM, I asked my daughter-in-law Manjeet Kaur where Naveen
Kumar was. She told me that a little after you left, Naveen
Kumar also got ready and left the house and has not returned
home yet. After some time, I received a call from my son-in-law
Ramesh Kumar, son of Pooran Chand, a resident of village
Sulkhani, police station Mullana, who told me that he has
received information that unknown persons attacked Naveen
Kumar on the land adjacent to the park near the village Kheda
near Badh Rakba, attacked his head, chest and back with
sharp-edged weapons or iron rods, injuring him several times,
due to which he died. You should reach the spot quickly, I am
also going there. On receiving the information, I reached there
immediately and learnt that Naveen Kumar has been taken to
MMU Hospital Mullana. After that, I and my nephew Ravindra
Kumar, son of Shri Suresh Kumar, resident of village Sehla,
Thana Mullana, reached MMU Hospital Mullana and learnt
that Naveen Kumar's body has been kept in the mortuary and I
identified the body there. This body is of my son Naveen Kumar
who has been murdered by unknown persons by striking him
with sharp weapons and iron rods on his head, chest and back,
causing deep injuries. Strictest legal action should be taken
against these unknown persons. I have written my statement to
you, I have read and understood it. SD Surgeon Singh
9050623945 Attested Surender Singh INSP/SHO PS Mullana
Dt 11.02.2023. Police action Today my INSP/SHO along with
HGH Mohit 120 along with vehicle official number HR01AR-
2000 whose driver is SPO Rajesh Kumar 121 had left for
patrolling and investigation of crime area police station
Mullana, when at around 4.50 PM received telephone
information from Bajaria that I am a resident of village Kheda,
my name is Vikram, a young boy is lying dead in the other field
next to my field, who has several injuries on his head and chest,
you reached the spot. On receiving this information, my
INSP/SHO along with staff reached the park near Rakba village
Kheda and on the spot Incharge outpost SI Amarjeet Singh 138
Ambala and Mu.Si Jafar Ali 273,HGH Prithvi 174 and HGH
Gurdeep Singh 322 were immediately informed to reach the
spot and on reaching the spot, above mentioned Vikram Singh
was found present who showed the body of the young boy and
the INSP/SHO instructed his fellow officer to keep the scene of
incident safe and instructed fellow employee M.S. Jaffer Ali 273
to take photographs and video related to the scene of incident
on his phone and keep it safe. Government ambulance was
called and the body of the deceased was taken to MMU
Hospital Mullana under the supervision of M.S. Jaffer Ali. And
the INSP/SHO informed the Scene of Crime Team, Finger Print
Team and Cyber Cell Incharge Team about reaching the spot.
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During this time, no eyewitness had recorded his statement at
the scene, which was recorded from Police Station Mullana at
about 7.00 PM on receiving the report of deceased Naveen
Kumar son of Surjan Singh resident of village Sehala, Police
Station Mullana, District Ambala, age about 30 years, SI
Amarjeet Singh Incharge Outpost Kalalati and HGH Prithvi
174 left the scene of crime for security and safe investigation
along with fellow officers and reached MMU Hospital Mullana
where the INSP/SHO obtained the report related to the death of
deceased Naveen Kumar above and reached MMU mortuary
for further action where Head Constable Jaffer Ali was present
and outside the mortuary, father of deceased Naveen Kumar
above, Surjan Singh son of Prasanna Ram resident of village
Sehala, Police Station Mullana, District Ambala met the
INSP/SHO and got his above statement recorded, which from
the above statement, from the report it was found that the crime
is of 302 IPC, which After writing the article, Mu.Si. Jafar Ali
273 is being sent to the police station with the mentioned
complaint. After this, the mentioned complaint number should
be informed to the accused and copies of the special report of
the above case should be sent to the service of the officer
through Bajaria mail. The higher officials have already been
informed about the current situation through Bajaria telephone.
HGH Gurdeep Singh 173 was released after giving suitable
instructions for mortuary surveillance. I INSP/SHO along with
the plaintiff and the case along with accompanying officials
leave for the spot of incident. Age:- MMU Hospital Mullana
Mortuary SD Surender Singh Managing Officer Police Station
Mullana Date 11.02.2023 AT- 8.30 PM. Today Police Station-
As per the above article, the charge as per the above crime has
been registered and the copy along with the original article has
been sent to the police station Mu.Si. Jafar Ali No. The
personal investigator was sent after giving the FIR No. 273.
Copies of the FIR are being sent as special report to the officer
concerned at Bajaria e-mail. The entry record was made as per
the police station rules. The FIR was filed in the presence of
PSI Mandeep. At 00 PM, on receiving the report of deceased
Naveen Kumar son of Surjan Singh resident of village Sehala,
Police Station Mullana, District Ambala, age about 30 years, SI
Amarjeet Singh Incharge Outpost Kalalati and HGH Prithvi
174 left for security and safe investigation of the scene of
incident along with his fellow officers and reached MMU
Hospital Mullana where the INSP/SHO obtained the report
related to the death of deceased Naveen Kumar and reached
MMU mortuary for further action where Constable Jaffer Ali
was present and outside the mortuary, father of deceased
Naveen Kumar, Surjan Singh son of Prasanna Ram resident of
village Sehala, Police Station Mullana, District Ambala met the
INSP/SHO and recorded his above statement, which, from the
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above statement, is found to be crime of 302 IPC, on which,
after writing an article and getting it registered, Constable
Jaffer Ali 273 is being sent to the police station with the
registered charge. After this, the accused should be informed
about the charge number mentioned in the case and copies of
the special report of the above case should be sent to the
service of the officer through Bajaria mail. The higher officials
have already been informed about the situation so far through
Bajaria telephone. HGH Gurdeep Singh 173 was released after
giving appropriate instructions for mortuary surveillance. I
INSP / SHO along with the plaintiff and the case along with
accompanying officials left for the scene of the incident. Aaj:
MMU Hospital Mullana Mortuary SD Surender Singh
Managing Officer Police Station Mullana Date 11.02.2023 AT-
8.30 PM. Aaj Police Station- As per the above article, the
charge was registered for the above mentioned crime and the
copy of the above article was given to the police constable
Zafar Ali No. 273 who came to the police station and the
personal investigator was sent off. Copies of the FIR are being
sent as special report to the concerned officer of Bajaria e-
mail. The entry record was made as per the police station
procedure. The FIR was filed in the presence of PSI
Mandeep.At 00 PM, on receiving the report of deceased Naveen
Kumar son of Surjan Singh resident of village Sehala, Police
Station Mullana, District Ambala, age about 30 years, SI
Amarjeet Singh Incharge Outpost Kalalati and HGH Prithvi
174 left for security and safe investigation of the scene of
incident along with his fellow officers and reached MMU
Hospital Mullana where the INSP/SHO obtained the report
related to the death of deceased Naveen Kumar and reached
MMU mortuary for further action where Constable Jaffer Ali
was present and outside the mortuary, father of deceased
Naveen Kumar, Surjan Singh son of Prasanna Ram resident of
village Sehala, Police Station Mullana, District Ambala met the
INSP/SHO and recorded his above statement, which, from the
above statement, is found to be crime of 302 IPC, on which,
after writing an article and getting it registered, Constable
Jaffer Ali 273 is being sent to the police station with the
registered charge. After this, the accused should be informed
about the charge number mentioned in the case and copies of
the special report of the above case should be sent to the
service of the officer through Bajaria mail. The higher officials
have already been informed about the situation so far through
Bajaria telephone. HGH Gurdeep Singh 173 was released after
giving appropriate instructions for mortuary surveillance. I
INSP / SHO along with the plaintiff and the case along with
accompanying officials left for the scene of the incident. Aaj:-
MMU Hospital Mullana Mortuary SD Surender Singh
Managing Officer Police Station Mullana Date 11.02.2023 AT-
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8.30 PM. Aaj Police Station- As per the above article, the
charge was registered for the above mentioned crime and the
copy of the above article was given to the police constable
Zafar Ali No. 273 who came to the police station and the
personal investigator was sent off. Copies of the FIR are being
sent as special report to the concerned officer of Bajaria e-
mail. The entry record was made as per the police station
procedure. The FIR was filed in the presence of PSI
Mandeep.Sikandar Zafar Ali 273 is being sent to the police
station. After this, the charge number mentioned in it should be
informed to the accused and copies of special report of the
above case should be sent to the service of the officer through
Bajaria mail. The higher officials have already been informed
about the situation so far through Bajaria telephone. HGH
Gurdeep Singh 173 was released after giving suitable
instructions for mortuary surveillance. I INSP/SHO along with
the plaintiff and the case along with accompanying officials
leave for the spot of incident. Age:- MMU Hospital Mullana
Mortuary SD Surender Singh Managing Officer Police Station
Mullana Date 11.02.2023 AT- 8.30 PM. Today Police Station-
As per the above mentioned article, charge as per the above
mentioned crime has been registered and copy of the above
mentioned case along with original article has been presented
to the police station. Sikandar Zafar Ali No. The personal
investigator was sent after giving the FIR No. 273. Copies of
the FIR are being sent as special report to the officer concerned
at Bajaria e-mail. The entry record was made as per the police
station rules. The FIR was filed in the presence of PSI
Mandeep. Sikandar Zafar Ali 273 is being sent to the police
station. After this, the charge number mentioned in it should be
informed to the accused and copies of special report of the
above case should be sent to the service of the officer through
Bajaria mail. The higher officials have already been informed
about the situation so far through Bajaria telephone. HGH
Gurdeep Singh 173 was released after giving suitable
instructions for mortuary surveillance. I INSP/SHO along with
the plaintiff and the case along with accompanying officials
leave for the spot of incident. Age:- MMU Hospital Mullana
Mortuary SD Surender Singh Managing Officer Police Station
Mullana Date 11.02.2023 AT-8.30 PM. Today Police Station-
As per the above mentioned article, charge as per the above
mentioned crime has been registered and copy of the above
mentioned case along with original article has been presented
to the police station. Sikandar Zafar Ali No. The personal
investigator was sent after giving the FIR No. 273. Copies of
the FIR are being sent as special report to the officer concerned
at Bajaria e-mail. The entry record was made as per the police
station rules. The FIR was filed in the presence of PSI."
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3. Learned counsel for the petitioner has argued that the petitioner
is in custody since 13.02.2023. Learned counsel for the petitioner has further
argued that the petitioner has been falsely implicated in the FIR in question.
Learned counsel has further submitted that the primary prosecution evidence
available against the petitioner is in the form of a selfie found on the mobile
phone of the deceased, the disclosure statement, and the call detail records. It
is submitted that there is no direct evidence or eyewitnesses available
against the petitioner. Learned counsel has also submitted that the petitioner
has undergone incarceration for more than two years and nine months. Thus,
regular bail is prayed for.
4. Learned State counsel has opposed the present petition by
arguing that the allegations raised against the petitioner are serious in nature
and, thus, he does not deserve the concession of the regular bail. Learned
State counsel seeks to place on record custody certificate dated 18.11.2025
in Court, 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 petitioner was arrested on 13.02.2023, whereinafter
investigation was carried out & challan was presented on 24.04.2023. Total
28 prosecution witnesses have been cited out of which only 10 have been
examined till date. It would be apposite to refer herein to a judgment passed
by the Hon'ble Supreme Court in Criminal Appeal No.2787 of 2024 titled
as Javed Gulam Nabi Shaikh vs. State of Maharashtra and another,
decided on 03.07.2024; relevant whereof reads as under:-
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"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 petitioner 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.
The rival contention raised at Bar give rise to debatable issues
which shall essentially 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.
As per the custody certificate filed today by the learned
counsel, the petitioner has undergone 2 years 9 months and 03 days.
Further, as per custody certificate dated 18.11.2025 filed by the learned State
counsel, the petitioner is not shown to be involved in any other FIR/case.
Suffice to say, further detention of the petitioner as an
undertrial is not warranted in the facts and circumstances of the case.
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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 trial Court/Duty Magistrate. However,
in addition to conditions that may be imposed by the concerned trial
Court/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 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 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 trial Court/Duty Magistrate as directed
hereinabove or upon showing any other sufficient cause, the
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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.
11. Since the main case has been decided, pending miscellaneous
application, if any, shall also stands disposed off.
(SUMEET GOEL)
JUDGE
18.11.2025
jatin
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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