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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Ankit @ Toni – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J. (Oral)
CRM-19927-2025
The instant application is allowed as prayed for, and Annexures P-2 to P-6 are taken on record.
Main case
1. The instant petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.309 dated 22.10.2023 under Sections 148, 149, 302 of the Indian Penal Code, 1860 (and Section 120-B IPC added later on), registered at Police Station Siwani, District Bhiwani.
2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the petitioner is neither named in the FIR nor attributed any specific role in the initial complaint. His name surfaced only during the investigation, allegedly through disclosure statements made by co-accused persons, which by themselves are inadmissible in evidence under law.
3. It is further submitted by learned counsel for the petitioner that no recovery has been effected from the petitioner, and that there is no eyewitness or independent material directly connecting him to the alleged occurrence. Learned counsel contends that the CCTV footage collected during the investigation does not clear
Bail granted due to lack of direct evidence and prolonged judicial custody, emphasizing that CDRs cannot solely support a conviction.
The main legal point established in the judgment is the grant of regular bail based on the lack of support from a key prosecution witness, the extended period of custody without trial conclusion, and....
The court granted bail due to lack of direct evidence against the petitioners and prolonged custody without trial, emphasizing the importance of fair trial rights.
The court emphasized that bail may be granted when circumstantial evidence is insufficient to establish a prima facie case against the accused.
The court's decision was based on the lack of incriminating evidence exclusively within the knowledge of the accused-petitioners and the lack of support from the star prosecution witness.
Bail may be granted in murder cases where circumstantial evidence is insufficient to establish the accused's involvement.
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