IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 28^th January, 2025 Balwinder Singh @ Popli ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Mayur Karkra, Advocate for the petitioner.

Mr. Rajiv Sidhu, Deputy Advocate General, Haryana.

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MANISHA BATRA, J (ORAL):-

The present petition has been filed by the petitioner seeking grant of regular bail in case bearing FIR No. 482 dated 15.12.2022 registered under Section 346 of IPC (Sections 364, 302, 201, 120-B, 212 read with Section 34 of IPC added later on) at Police Station Cheeka, District Kaithal.

2. As per the prosecution case, on 14.12.2022, the victim-Amit Kumar had left his house for village Peedal on his motor bike. As his phone was found switched off and his whereabouts could not be known till evening, therefore, search was made by his family members. His motor bike was found lying abandoned in Devi Lal Park Area. The complainant-Ajay Kumar lodged a report regarding missing of the victim on 15.12.2022 and a case under Section 346 of IPC was registered. On 18.12.2022, the complainant along with the family members of victim-Amit joined the investigation and got recorded their statements alleging therein that the present petitioner along with the co-accused Narender Singh @ Nihal, Nikhil Kumar and Sagar had abducted the victim and committed his murder. Statement of one Dinesh Kumar, who had seen the victim while going along with the present petitioner and co-accsued Nikhil was also recorded. Offences under Sections 302 and 364 read with Section 34 of IPC were added. The petitioner and co-accused Narender Singh and Nikhil Kumar were arrested on 18.12.2022. The SIM card of phone of the victim was recovered from the custody of the petitioner. On interrogation, the petitioner and co-accused suffered disclosure statements on 19.12.2022, admitting the factum of hatching a conspiracy to eliminate the victim, about abducting him, strangulating him and then about throwing his dead body in the canal. On the same day, the dead body of the victim was also recovered at the instance of petitioner and co-accused.

3. As per the further allegations, inquest proceedings and post- mortem examination of the dead body were conducted. The phone used by the victim was got recovered from the co-accused Narender. Offence under Section 201 of IPC was added. Accused Akashdeep and co-accused Sagar who had harboured him, were also arrested. Investigation now stands completed. The petitioner along with the co-accused is facing trial for aforementioned offences.

4. The present petition has been filed by the petitioner on the grounds and it is argued by his counsel that he has been falsely implicated in this case. There is no eye-witness to the alleged abduction and the murder of the victim. No specific role has been attributed to him. The disclosure statement allegedly suffered by him and co-accused cannot be considered to be admissible in evidence. The case is based upon circumstantial evidence and there is no proper chain of evidence to link the petitioner with the murder of the victim. Complainant Ajay Kumar and Dinesh Kumar, witness of last seen have not supported the prosecution version. Even father of the victim has not made any incriminating statement as against the petitioner. The trial is likely to take time. His further detention would not serve any useful purpose. Therefore, it is argued that he deserves to be released on bail.

5. Status report has been filed by respondent-State. It is submitted therein and it is argued by learned Deputy Advocate General, Haryana, that there are serious and specific allegations against the petitioner who by conniving with the co-accused had abducted the deceased and committed his murder. The dead body of the deceased had been recovered at the instance of the petitioner and the co-accused. Trial is going on at a proper pace and there is nothing on record to suggest that there would be any