ANOOP CHITKARA, J.

CRM-5650-2026

Present application has been filed for condonation of delay of 97 days in filing the appeal.

For the reasons mentioned in the application, the same is allowed.

Delay of 97 days in filing the appeal, is condoned.

Aggrieved by the dismissal of regular bail by the Additional Sessions Judge, Kaithal vide order dated 30.09.2025, the appellant had come before this Court by filing the present appeal, seeking bail in the FIR mentioned above.

1. As per para 15 of the reply filed by the State, the appellant has the following criminal antecedents: -

2. The facts of the case are being taken from the reply dated 09.03.2026, which reads as follows:-

“That briefly the facts of the case are that on 06.04.2025, at around 5.30AM, information was received at Police Post Mehmudpur that a loud explosion had taken place inside the boundary wall behind the premises of Checkpoint Azimgarh. On receiving the information, Incharge ASI Rajesh Kumar No. 1056 Kaithal along with other officials reached the spot of incident, where ESI Dalbir Singh No.745 Kaithal and SPO Judge Singh were found present. ESI Dalbir Singh met ASI Rajesh Kumar No. 1056 Kaithal and got his statement recorded about the incident. After a thorough inspection of the premises of the Checkpoint as well as spot of incident, the remains of previously burned junk scattered in disarray beneath a banyan tree located inside the boundary wall of the Police Post were found. During the search, a green iron handle-shaped leaf lying beneath the banyan tree was also discovered. Furthermore, a post has been shared on social media by the Babbar Khalsa terrorist organization claiming responsibility for the explosion. The post reveals that unidentified individuals, carrying out illegal activities, attacked the checkpoint with a grenade bomb or other lethal explosive device within the checkpoint's boundary walls, with the intention of killing the police officers. By acting in this manner, the accused attempted to undermine the unity and integrity of India. Nearby cameras were checked, and the Scene of Crime Team in-charge, Dr. Bhira Ram, was informed to arrive at the scene. At around 4:00 PM, Dr. Bhaura Ram arrived at the scene with his team in a government vehicle, number HR03GV-5877. Dr. Bhira Ram inspected the scene. Then SSO Dinesh Kumar, in-charge of BDDS CID Haryana Rohtak team, reached the spot along with his team in the government vehicle HR03GV-4819, where SSO Dinesh Kumar, in-charge of BDDS CID Haryana Rohtak team, inspected the spot. From the gist of the statement, the offence was found to be under sections 109 (1), 3 (5) BNS, 4, 5 Explosives Act 1884 and sections 13,16,18,23 of Unlawful Activities (Prevention) Act 1967, hence the above mentioned case was registered and the first investigation of the case was done by ASI Rajesh Kumar number 1056 Kaithal.

3. That on 06.04.2025 the further investigation of the case was initiated by Rajender Kumar, the then SHO police station Guhla. During the investigation, videography was conducted at scene of the crime using E- SAKSHAY. Recovery memos were also prepared duly signed by the witnesses. Statement of witnesses was also recorded under Section 180 of the BNSS. During the investigation, the DVR from CCTV cameras installed near the scene of the crime was taken into police custody by preparing a recovery memo duly signed by the witnesses and a separate c