230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.55008 of 2025 (O&M)

Date of decision : 08.10.2025 Jitender Rana @ Jitender @ Jitu .....Petitioner versus State of Haryana ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ *****

Present :- Mr. Ashit Malik, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

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RAJESH BHARDWAJ , J. (Oral)

CRM-39371-2025 Allowed as prayed for. CRM-M-55008-2025

1. Present second petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.698, dated 04.10.2023, under Sections 148, 149, 302, 324, 120-B, 34 of IPC (subsequently section 506 IPC and Section 25 of Arms Act were added), registered at Police Station Sadar Thanesar, District Kurukshetra.

2. Succinctly the facts of the case are that FIR in the present case was got registered on the statement of complainant, namely, Naveen son of Satyawan. It was alleged that the complainant has one brother, namely, Shivam, who was studying in B.A. 2^nd year in Parshuram College. On 04.10.2023, the complainant came to meet his brother Shivam in his college. The complainant along with his brother, Shivam, Vishnu, Anju, Mohit, Bhumit, Karan and Vaibhav Chaudhary were sitting near the canteen of Parshuram Colony, Kurukshetra. Some boys were also sitting at a distance from them. Vaibhav Chaudhary, friend of Shivam told that those boys belong to BPSO group and Jitender Rana (petitioner) is the president of that group. At about 11 O’ clock, one of those boys came along with Jitender Rana (petitioner) and started abusing Bhumit, who was sitting with them. A heated arguments took place and in the meantime, president Jitender Rana (petitioner), Vansh, Chetan, Krishan Verma and other boys started scuffling with them. Jitender Rana (petitioner), Chetan and Krishan Verma were armed with knives and they gave many blows to the brother of complainant near his chest with intention to kill, which attracted the crowd of students and on seeing the same, the assailants escaped from the spot on their motorcycles while threatening to kill them. They shifted his injured brother, Shivam to BS Heart Care Hospital, Kurukshetra where he succumbed to the injuries. Thus, the request was made to take legal action against the culprits. On registration of the FIR, the investigation commenced. The petitioner was arrested on 08.10.2023. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Additional Sessions Judge, Kurukshetra praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Kurukshetra declined the bail application filed by the petitioner vide order dated 22.09.2025. Being aggrieved, the petitioner earlier approached this Court by way of filing CRM-M-55027-2024, however the same was dismissed as not pressed vide order dated 08.05.2025. Hence being aggrieved, the petitioner is before this Court again by way of filing the present second petition praying for the grant of regular bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that as evident from the case of prosecution, the fatal injuries were attributed to the co-accused, namely, Chetan. He has submitted that the petitioner is behind bars since the date of his arrest, i.e. 08.10.2023. He has further submitted that co-accused of the petitioner, namely, Karan @ Atu has already been granted bail by this Court vide order dated 11.09.2025 passed in CRM-M-49657-2025 and thus, case of the petitioner is at par with that of the co-accused. He has thus submitted that in the facts and circumstances, when the co-accused has already been granted bail by this Court, the petitioner deserves to be granted regular bail on parity.

4. Per contra, learned counsel for the State however has veh