Punjab-Haryana High Court
Ajit Alias Ajay vs State Of Haryana on 27 November, 2025
CRM-M-65461-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
233
CRM-M-65461-2025 (O&M)
Date of decision: 27.11.2025
Ajit alias Ajay
....Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Anil Kumar Malik, Advocate for the petitioner
Mr. Gautam Kaile, DAG Haryana
*****
AMAN CHAUDHARY, J. (ORAL)
1. Prayer in the present petition filed under Section 483 BNSS is for
grant of regular bail to the petitioner in case FIR No.580 dated 02.09.2018,
registered under Sections 302, 307, 34 and 120-B IPC and 25 of Arms Act at
Police Station Sadar Dadri, District Charkhi Dadri.
2. Learned counsel contends that the petitioner has been in custody for
6 years and more than 8 months. His name surfaced based on the disclosure
statement of Akshay @ Rinku, who is in custody. As per the allegations levelled
against him, he was present at the spot, where firing had taken place, resulting in
death of Dhillu @ Bajrang and injuries to the complainant-Arvind. Co-accused
Satpal and Samunder Singh have been granted bail vide orders dated 12.06.2020
and 10.07.2020. however, out of 49 prosecution witnesses, 17 have been
examined, out of which, all 3 eye witnesses and complainant have not supported
the case of the prosecution. The petitioner is involved in 4 more cases, wherein
he is on bail. Reliance is placed on the judgment passed by Hon'ble The Supreme
Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others,
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2012(2) SCC 382.
3. The custody certificate dated 26.11.2025, filed by the learned State
counsel is taken on record. As per the same, the petitioner is behind bars for 6
years, 8 months and 11 days.
4. Learned State counsel opposes the bail on the ground that there are
specific allegations against the petitioner of being present at the spot and one
country made pistol along with one live cartridge have been recovered from him.
However, he is unable to controvert the submissions with regard to stage, co-
accused having been granted bail and the petitioner being on bail in other cases.
5. Heard.
6. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir
Rashadi (Supra)had held that, "As observed by the High Court, merely on the
basis of criminal antecedents, the claim of the second respondent cannot be
rejected. In other words, it is the duty of the Court to find out the role of the
accused in the case in which he has been charged and other circumstances such
as possibility of fleeing away from the jurisdiction of the Court, etc." Reiterating
in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was
observed that, "The offence alleged no doubt is grave and serious and there are
several criminal cases pending against the accused. These factors by themselves
cannot be the basis for refusal of prayer for bail."
7. Considering the facts and circumstances of the case, in particular
that the petitioner is in custody for the last 6 years, 8 months and 11 days; on bail
in other cases; co-accused are on bail; 32 prosecution witnesses still remain to be
examined, the trial is likely to take a considerable time, further incarceration of
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the petitioner would be violative of his right enshrined under Article 21 of the
Constitution of India, the present petition is allowed.
8. The petitioner is ordered to be released on regular bail, subject to
furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate
concerned, if not required in any other case and shall abide by the following
conditions:-
(i) The petitioner will not tamper with the evidence during
the trial.
(ii) The petitioner will not pressurize/ intimidate the
prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each
and every date fixed, unless is exempted by a specific
order of Court.
(iv) The petitioner shall not commit an offence similar to
the offence of which, he is an accused, or for
commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce,
induce, threaten or promise to any person acquainted
with the facts of the case so as to dissuade him/ her
from disclosing such facts to the Court or to any police
officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his
liberty.
(vii) The petitioner shall furnish his address and mobile
number by way of an affidavit to the trial Court and not
change the same till conclusion of trial and if for any
reasons, he seeks to change either of the aforesaid, it
shall be done only with prior information to the learned
trial Court.
(viii) The petitioner shall not leave the country without prior
permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other
condition, as deemed appropriate while releasing the
petitioner.
9. It is made abundantly clear that in case there is any breach of the
aforesaid conditions, the State shall be at liberty to seek cancellation of bail as
granted to the petitioner by this order.
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10. In view of the above, it is clarified that the observations made herein
above are limited for the purpose of present proceedings and would not be
construed as any opinion on the merits of the case and the trial would proceed
independently of the aforesaid observations.
(AMAN CHAUDHARY)
JUDGE
27.11.2025
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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