Ajay vs State of Haryana

JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 483 BNSS is for the grant of regular bail to the petitioner in case bearing FIR No.92 dated 16.02.2022 under Sections 302, 392, 201 and 34 of IPC, 1860 (corresponding Sections 103, 309(4), 238 and 3(5) of BNS) and Section 25 of the Arms Act, 1959, registered at Police Station Sadar Tauru, District Nuh, Haryana.

The learned counsel for the petitioner contends that no-one is named as an accused in the present case. The petitioner and his co-accused namely Moinddin @ Moin @ Muinuddin and Sahil were arrested in FIR No.94 dated 27.05.2022 under Sections 365, 364-A, 420, 506 and 120B IPC and Section 25 of Arms Act, Police Station Sadar Tauru, District Nuh, in which all the accused suffered their disclosure statements admitting to have committed the present offence. Moinddin @ Moin @ Muinuddin and Sahil have already been granted the concession of bail by this Court vide orders dated 10.12.2025 and 16.01.2026 respectively. The alleged recovered from the petitioner is of a knife used in the occurrence and the jacket worn by him, which recoveries are unbelievable inasmuch as the occurrence took place on 16.02.2022 and the said recoveries came to be effected on 10.08.2022. As the petitioner is in custody since 10.08.2022 but only 15 of the 34 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of regular bail.

The learned counsel for the State, on the other hand, contends that the case of the petitioner is different from that of his co-accused inasmuch as the petitioner is the primary accused and the weapon of offence has been recovered from him, which as per the report of the FSL contains human blood. Therefore, he is not entitled to the concession as prayed for. He, however, concedes that the co-accused of the petitioner namely Moinddin @ Moin @ Muinuddin and Sahil have already been granted the concession of bail by this Court and that he is in custody since 10.08.2022 but only 15 of the 34 prosecution witnesses have been examined so far.

I have heard the learned counsel for the parties.

The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the Trial. Admittedly, the petitioner is in custody since 10.08.2022 but only 15 of the 34 prosecution witnesses have been examined so far. Therefore, the Trial in the present case is not likely to be concluded anytime soon. In this situation, the further incarceration of the petitioner is not required.

Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Ajay is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.

The petition stands disposed of.

All the pending miscellaneous applications, if any, stand disposed of.