203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: August 29, 2025 Ajay Kumar ….Petitioner Versus State of Haryana ….Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Satbir Singh Gill, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG Haryana.

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SUMEET GOEL, J. (ORAL)

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.0369 dated 01.10.2021, registered for the offences punishable under Sections 326-A, 201, 120-B read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’), at Police Station Ellenabad, Sirsa.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:

“Statement of Suman wife of Late Shri Ram, resident of Sadul Shahar (Matoli) Rajasthan, Stated aged 32 years, Mobile No.9057150069 that I am resident of above said address, I do tailoring work, I have two daughters and a son, my husband died 3 years ago due to heart attack. About a year ago I became acquainted with Bunty son of Leela Dhar Saini, resident of Sirsa, due to which he started troubling me a lot and started saying that he would marry me, I clearly refused, but Bunty did not agree. Bharat son of Raghubir Soni, resident of Ward No.6 also started supporting Bunty. Today on 01.10.2021, I and my sister Sonu had come to Ellenabad by train from Matili (Rajasthan) and after doing market work we both were going to our father Dharampal's house (parental house), when I and my sister reached near the Gayatri School, Bunty and another boy came there on a motorevele and asked me to stop and said that you will not agree like this, as soon as by saying this Bunty threw Acid on me from the pot in his hand. The time was around 10-15-PM. When I shouted. Bunty and another boy and Bharat son of Raghubir who was going ahead, all three ran away from the spot. Bharat had informed Bunty about our arrival, because Bharat has a grudge against me and my family for a long time. Hearing the noise many people came to the spot and my father also came to the spot and arranged a vehicle for my treatment and took me to the Government Hospital in Ellenabad and now I am Government Hospital. My clothes got burnt and there were many wounds on my body due to the acid thrown on me by Bunty. Strict action be taken against Bunty, Bharat and another boy. I have got my statement recorded, heard which is correct.”

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 07.09.2024. Learned counsel has further iterated that the petitioner has been falsely implicated into the case in hand. Learned counsel has argued that the petitioner was not named in the FIR in question. Learned counsel has further argued that the prime prosecution witness, namely, Suman (FIR/ complainant/ victim) and her father, namely, Dharampal have turned hostile, and thus, the trial is not likely to culminate into conviction. Learned counsel has also iterated that other co-accused who were named in the FIR and alleged to have thrown acid on the victim, have already been extended concession of regular bail by the learned trial Court. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated

29.08.2025, in the Court today, which is taken on record.

5. I have heard counsel for the rival parties and have gone through the available records of the case.

6. The petitioner was arrested on 07.09.2024 whereinafter investigation was carried out and challan qua him was presented on 18.11.2024. Total 19 prosecution witnesses have been cited, out of which, only 09 have been examined till date. It is thus, indubitab