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Punjab-Haryana High Court
Pawan @ Gachhu @ Pawanjeet vs State Of Haryana on 24 April, 2026
CRM-M-21309-2026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
212
CRM-M-21309-2026
Decided on : 24.04.2026
Pawan @ Gachhu @ Pawanjeet
. . . Petitioner(s)
Versus
State of Haryana
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Sumit Sangwan, Advocate
for the petitioner
Mr. Amish Sharma, AAG Haryana
Dr. Jaiveer Singh Malik, Advocate
for the complainant (through V.C.)
****
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 FIR No. Date Section(s) Police District
Petitioner(s) Station
Pawan @ 0135 29.05.2024 148, 149, 302, 307, Dadri City Charkhi
Gachhu @ 323 and 506 Dadri
Pawanjeet, IPC (Section 120-B
aged 21 years IPC was added
later on),
2. There is an eyewitness account, namely complainant-Rahul, who
himself sustained injuries in the incident and has already deposed before the
REENA learned trial court through his statement dated 18.03.2025 (Annexure P-7).
CRM-M-21309-2026
3. Learned counsel for the petitioner refer to the examination-in-chief
recorded from the said eyewitness, which reads as follows:
"Stated that I am the resident of aforesaid address and pursuing ITI
as student. On 28.05.2024, I alongwith Sunil Saini alias Akash,
Mohit, Jayant, Mohit and 2-3 other persons, were celebrating the
birthday of Jayany at Kadian Guest House in front of Bus Stand,
Charkhi Dadri. At about 10:30 P.M we were eating food in a room,
then about a sudden four persons named Sunny alias Billa, Munder,
Shubham and Rahul alias Mulla Jaat initially entered in the room and
they started beating me and Akash. Rahul alias Mulla Jaat stabbed
with a knife (Chhuri) at the left side of the chest of Akash (since
deceased). Then Akash fell down and then Shubham stabbed with a
knife (Chhuri) at the left back side of Akash. I tried to rescue Akash
during which the knife (Chhuri) also injured my left hand smallest
finger. At this stage, the witness shown the mark sustained by the
above said injury. Then Sunny aias Billa hit my head with a rod and
Munder hit me with a rod (Iron Pipe) at left thigh. Then I became I
little bit unconscious and they dragged me out from the room. I was
unconscious and do not recollect that who inflicted further injuries
upon me. I was admitted in PGIMS Rohtak where police met me and
recorded my statement on 29.05.2024. (At this stage learned PP for
the State requested that witness is suppressing the truth and not
disclosing the true facts and requested to declare the witness hostile
and he may be allowed to cross-examine the Witness. Request
allowed"
4. Learned counsel for the petitioner, further argues that petitioner-
Pawan @ Gachhu @ Pawanjeet was not even named in the FIR and no specific
role is assigned to him thereafter. Counsel for the petitioner further submits that
the entire incident, which took place in a room of hotel, was recorded in a video
camera installed there. However, as per the CCTV footage, the prosecution has
CRM-M-21309-2026
been unable to establish the petitioners' presence at the scene. It is further
submitted that petitioner is inside jail for more than 01 year, 10 months and 22
days but nothing was recovered from his possession. Additionally, there is no call
details record or any other evidence, remotely suggesting that the petitioners are
conspirator in the murder.
5. Counsel confidently refer the statement of the eyewitness and states
that even the eyewitness, whose statement has been recorded before the Court, has
not named the petitioner or raised any suspicion in any manner, or that any kind of
enmity between the petitioner and the deceased, was existing.
6. Counsel also point out that one of the accused, namely Rahul s/o
Satbir, whose presence was observed in the CCTV footage, has already been
granted bail by trial Court primarily on the ground that he was not involved in any
manner. Further, co-accused namely Mandeep @ Kaka and Ritik @ Kaku have
also been extended the concession of bail by this Court, vide order dated
01.10.2025 passed in CRM-M-32163-2025 (Annexure P-4) and order dated
04.11.2025 passed in CRM-M-59752-2025 (Annexure P-5). Co-accused Parshant
@ Babu and Rahul have also been granted concession of bail by this Court, vide
order dated 08.04.2026 passed in CRM-M-64052-2025 and CRM-M-66222-2025
(Annexure P-6).
Relying on these submissions, and considering the lack of substantial
evidence against the petitioner as well as the period of incarceration already
undergone, prayer is made for the grant of bail.
7. It is also admitted position that petitioner could not be seen in the
CCTV footage of the place of occurrence, nor the eyewitness named or raised any
suspicion against them. Furthermore, petitioner is inside jail for a period more than
CRM-M-21309-2026
01 year, 09 months and 22 days, without there being any substantive material,
having been recovered from his possession or any evidence linking them directly
to the commission of the alleged offence. Considering totality of circumstances
and the prolonged period of incarceration already undergone, this Court finds merit
in the prayer of the petitioner.
Consequently, prayer made in the present petitions is allowed.
Petitioner-Pawan @ Gachhu @ Pawanjeet 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.
8. Any of the discussion done and recorded hereabove, shall not be
construed as an expression of opinion on the facts of the case. Therefore, trial
Court is expected to decide the case by taking an independent view, on the basis of
evidence available on record, as expeditiously as possible in accordance with law.
9. Accordingly, the petition stands disposed of.
(SANJAY VASHISTH)
April 24, 2026 JUDGE
reena
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
