IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

328 CRM-M-59752-2025 Decided on : 04.11.2025 Ritik alias Kaku . . . Petitioner(s)

Versus State of Haryana . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Sumit Sangwan, Advocate for the petitioner(s).

Mr. P.K. Jhanda, Sr. DAG, Haryana.

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SANJAY VASHISTH , J. (Oral)

1. Present petition has been filed under Section 483 of BNSS, seeking regular bail in case FIR No.0135 dated 29.05.2024, under Sections 148, 149, 302, 307, 323 and 506 IPC (Section 120-B IPC was added later on), registered at Police Station Dadri City, District Charkhi Dadri.

2. There is an eyewitness account, namely complainant-Rahul, who himself sustained injuries in the incident and has already deposed before the learned trial court through his statement dated 18.03.2025 (P-6).

Mr. Sumit Sangwan, Advocate for the petitioner, refers to the examination-in-chief recorded from the said eyewitness, which reads as follows:

“ Stated that I am the resident of aforesaid address and pursuing ITI as student. On 28.05.2024, I alongwith Sunil Saini alias Akash, Mohit, Jayant, Mohit and 2-3 other persons, were celebrating the birthday of Jayany at Kadian Guest House in front of Bus Stand, Charkhi Dadri. At about 10:30 P.M we were eating food in a room, then about a sudden four persons named Sunny alias Billa, Munder, Shubham and Rahul alias Mulla Jaat initially entered in the room and they started beating me and Akash. Rahul alias Mulla Jaat stabbed with a knife (Chhuri) at the left side of the chest of Akash (since deceased). Then Akash fell down and then Shubham stabbed with a knife (Chhuri) at the left back side of Akash. I tried to rescue Akash during which the knife (Chhuri) also injured my left hand smallest finger. At this stage, the witness shown the mark sustained by the above said injury. Then Sunny aias Billa hit my head with a rod and Munder hit me with a rod (Iron Pipe) at left thigh. Then I became I little bit unconscious and they dragged me out from the room. I was unconscious and do not recollect that who inflicted further injuries upon me. I was admitted in PGIMS Rohtak where police met me and recorded my statement on 29.05.2024. (At this stage learned PP for the State requested that witness is suppressing the truth and not disclosing the true facts and requested to declare the witness hostile and he may be allowed to cross-examine the Witness. Request allowed”

3. Mr. Sumit Sangwan, Advocate for the petitioner, further argues that the name of the petitioner is neither mentioned in the FIR nor can any offence be established from the alleged confessional statement relied upon by the prosecution. Counsel submits that as per the case of the prosecution, petitioner’s location was noticed within 100 yards of the place of the incident, and no active role or participation has been attributed to him.

Counsel for the petitioner further submits that the entire incident, which took place in a room of hotel, was recorded in a video camera installed there. However, as per the CCTV footage, the prosecution has been unable to establish the petitioner’s presence at the scene.

It is further submitted that petitioner is in custody since

06.07.2024, i.e., for approximately one year, three months, and twenty eight days, but nothing was recovered from his possession. Additionally, there is no call details record or any other evidence, remotely suggesting that the petitioner was a conspirator in the murder.

4. Counsel confidently refers the statement of the eyewitness and states that even the eyewitness, whose statement has been recorded before the Court, has not named the petitioner or raised any suspicion in any manner, or that any kind of enmity between the petitioner and the deceased , was existing.

5. Counsel also points out that one of the accused, namely Rahul s/o Satbir, whose presence was observed in the CCTV footage, has already been granted bail by trial Court primarily on the ground that he was not in