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2025 Supreme(Online)(P&H) 9863

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANKIT ALIAS KALU – Appellant
Versus
STATE OF HARYANA – Respondent



(116)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-59249-2025 Date of Decision: 23.03.2026 ANKIT @ KALU ... Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Mohit Kumar Gujjar, Advocate with Mr. Aman Pratap Singh, Advocate for the petitioner.

Mr. Viney Phogat, DAG, Haryana.

****

JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 483 of BNSS, 2023 is for the grant of regular bail in case bearing FIR No.444 dated 27.06.2022 registered under Sections 302, 34 IPC (Sections 201, 452 IPC added later on) at Police Station Sector 32-33, Karnal, District Karnal.

2. The learned counsel for the petitioner contends that most of the material witnesses have already been examined and have not supported the prosecution case. Some witnesses though have supported the case of the prosecution but their deposition does not inculpate the petitioner. Two co- accused namely, Naveen @ Naveen Kumar and Ajay have been granted the concession of regular bail by this Court vide orders dated 01.05.2024 (Annexure P-7) and 24.07.2024 (Annexure P-7) respectively. As the petitioner is in custody since 16.09.2023 but only 17 of the 26 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 bail.

3. A status report dated 11.03.2026 by way of an affidavit of Sandeep Kumar, HPS, Deputy Superintendent of Police, Headquarters, Karnal has been filed on behalf of the State by the learned counsel for the State. The same is taken on record. He has not dispute the fact that the material witnesses have already been examined and have not supported the prosecution case, that two co-accused namely, Naveen and Ajay have been granted the concession of bail vide orders dated 01.05.2024 (Annexure P-7) and 24.07.2024 (Annexure P-7) respectively as also the fact that the petitioner is in custody since 16.09.2023 but only 17 of the 26 prosecution witnesses have been examined so far.

4. I have heard the learned counsel for the parties.

5. Admittedly, most of the material witnesses have turned hostile. Whether the remaining evidence is sufficient to inculpate the petitioner shall be adjudicated upon during the course of the Trial. The petitioner is a first- time offender, in custody since 16.09.2023 but only 17 of the 26 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required.

6. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Ankit @ Kalu S/o Mahabir 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.

7. The petition stands disposed of.

(JASJIT SINGH BEDI)

JUDGE

23.03.2026

JITESH

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