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CRM-M-26188-2025 (O&M)

1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

229 CRM-M-26188-2026 (O&M)

Date of decision : 14.05.2026

Ashu Sharma

..... Petitioner

VERSUS

State of Haryana

..... Respondent

CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH

Present : Mr. Navnit Sharma, Advocate for the petitioner.

Mr. Vishal Singh, Assistant Advocate General, Haryana.

Mr. Sanchit Punia, Advocate for the complainant.

*****

SURYA PARTAP SINGH, J.

This petition for bail is the first petition, filed by the petitioner

under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has

been filed with regard to a case arising out of FIR No.454 dated 23.09.2024,

for the commission of offence punishable under Sections 103(1), 3(5), 61(2)

of Bharatiya Nyaya Sanhita, 2023, Police Station City Hisar, District Hisar.

2. The abovementioned FIR came into being at the instance of

‘Prerna’, hereinafter being referred to as ‘complainant’ only. It was stated by

the above-named complainant that the marriage of her brother Amardeep

was solemnized with Krishma, and that after marriage, the mother and step-

father of Krishma used to harass complainant’s father Vijay Ahuja.

According to complainant, Krishma had even sold the gold jewellery gifted

to her by her father-in-law Vijay Ahuja. As per complainant, on 23.09.2024

GAURAV THAKUR

2026.05.14 19:40

I attest to the accuracy and

integrity of this document

CRM-M-26188-2025 (O&M)

2

her father had gone on a two-wheeler for prayer in the temple and later on,

she came to know that he was attacked by some unknown persons and

admitted in hospital. According to complainant, in the hospital the doctor

declared her father to be dead.

3. It is the case of the prosecution that pursuant to

abovementioned statement, formal FIR of this case was lodged and the

investigation taken up.

4. Notice of motion

5. Mr. Vishal Singh, Assistant Advocate General, Haryana

appears on behalf of respondent-State. Hence service of notice upon the

State is hereby dispensed with. The learned State Counsel has filed custody

certificate of the petitioner. The same be taken on record. No formal reply

has been filed by the State. However, the learned State Counsel has orally

opposed the present petition.

6. Memorandum of Appearance on behalf of the complainant has

been filed. The same be taken on record.

7. Heard.

8. It has been contended by learned counsel for the petitioner that

the petitioner is innocent having no nexus, whatsoever, with the commission

of crime, and that he has been falsely implicated in the present case.

According to learned counsel for the petitioner, in the present case there is

no eye-witness account to prove identity of the petitioner, as the person

GAURAV THAKUR

2026.05.14 19:40

I attest to the accuracy and

integrity of this document

CRM-M-26188-2025 (O&M)

3

responsible for the commission of crime. As per learned counsel for the

petitioner, in fact merely on the basis of assumptions and presumptions and

without any iota of evidence, the petitioner has been implicated in the

present case.

9. In addition to above, the learned counsel for the petitioner has

also contended that the petitioner has already suffered a prolonged

incarceration for being in custody for a period of more than one year and

seven months, and that the trial is taking place at a very slow pace. It has

also been contended by learned counsel for the petitioner that even the story

set-out by the prosecution nowhere alleges that the petitioner was

responsible for causing injury on the person of deceased. In view of

abovementioned contentions, the learned counsel for the petitioner has urged

for the benefit of bail for the petitioner.

10. The learned State Counsel, being assisted by learned counsel

for the complainant, has controverted the abovementioned arguments. The

learned counsel for the complainant has contended that although in the

present case there is no eye-witness account, yet, to prove the involvement

of petitioner in the commission of crime, there is ample evidence. According

to learn