222-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 15.01.2025 Wali Mohammad @ Vali Mohammad .....Petitioner versus State of Haryana ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. R.S. Cheema, Senior Advocate with Mr. S.S. Kang, Advocate and Mr. Rajeev Godara, Advocate for the petitioner.

Mr. Kirpal Singh Thakur, AAG, Haryana.

Mr. Rakesh Nehra, Senior Advocate with Mr. Reetesh Kumar, Advocate Mr. Sauhard Singh, Advocate and Mr. Arjun Singh, Advocate for the complainant.

RAJESH BHARDWAJ , J .

1. Present petition has been filed by the petitioner praying for grant of regular bail in case FIR No.68 dated 29.04.2018, under Sections 302, 346, 120-B of IPC, 1860, registered at Police Station Rozka Meo, District Nuh.

2. Succinctly facts of the case are that the FIR in the present case was registered on the statement of complainant namely, Sakharup Khan. It was alleged that the marriage of his brother, Sameem Ahamad (deceased) was solemnized with Arseena in the year 2016. However, the differences arose between both of them after the marriage and hence, Arseena returned to her parental home. Thereafter since 2016, she was living separately from his brother. In the meantime, his brother happened to meet Rukmina and he solemnized marriage with her on 24.02.2018 as per the Muslim rites. Apprehending danger to their life, they sought protection from this Court and FIR was registered against his brother Sameem and family members on the allegations of kidnapping Rukmina. On 21.04.2018 his brother Sameem left home however, he did not return. On 22.04.2018, he talked with his brother Tanveer who informed him that Sameem was in Sohana. At 01:17 AM, two calls were received from the phone of Sameem continuously but as he was asleep, he could not attend the same. Thereafter, at 01:57 AM, he received the call from Rukmina's brother Ashif and on receiving the call, the person speaking disclosed his identity as Ashif and told that Sameem was in their captivity. On his asking, he made Sameem to talk to him when Sameem told him in a nervous voice that he was in their custody and he was apprehending danger to his life and then, the phone was disconnected. He tried to contact him again but the phone was switched off. On 25.04.2018, they made a complaint to the police which was forwarded to Police Station Tabru for further proceedings. On 28.04.2018 a news was published in the newspaper about receiving an unknown dead body in the jurisdiction of Police Station Rojka Mev wherein the photo of the deceased was published. They recognized the photo to be of their brother Sameem. On reaching the police station, they found that the cremation of the dead body was already performed. He suspected Ashif, Irshaad, Roshan, Mun Sharif, Rukmina, Kareem Khan, Jamshed, Arif and others had committed the murder of his brother Sameem in conspiracy with each other. Request was made to take legal action against the culprits. On registration of the FIR, investigation commenced. The postmortem of the dead body was conducted with the name unknown on 25.04.2018. During the investigation, supplementary statement of the complainant was recorded on 15.05.2018 wherein the name of the petitioner was also mentioned as one of the accused. Thereafter co-accused Ashif was interrogated and he made a disclosure statement about the petitioner on 17.06.2018. Petitioner was arrested on 30.11.2022. He approached the learned trial Court praying for the grant of bail however, the same was declined vide order dated 19.09.2023. Hence, being aggrieved, petitioner is before this Court praying for grant of bail. This Court after hearing of learned Senior counsel released the petitioner on interim bail vide its order dated 14.02.2024.

Hence, petitioner is on interim bail since then.

3. Learned Senior Counsel opening his arguments has contended that the petitioner has been falsely and frivolously implicated in the present case after due deliberations. He