Allowed

Manish Kumar Bajaj v. State of Haryana

Punjab & Haryana HC21 Oct 2024CRM-M/12052/2024

Case brief

AI extract

What is this about?

High Court granted regular bail to a petitioner accused of attempt to murder, robbery with hurt, and extortion under IPC/BNS, treating the petition under Section 483 BNSS. The Court noted the long incarceration period and projected delay in trial despite grave allegations and no comment on merits.

What did the court decide?

Release on regular bail subject to furnishing bail/surety bonds to the satisfaction of the learned Trial Court/Magistrate concerned.

Manish Kumar Bajaj Vs State of Haryana — Murder and Culpable Homicide | Punjab & Haryana HC (2024)

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[205] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH

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CRM-M - 12052-2024 Date of D ecision : 21.10.2024

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Manish K umar Bajaj …Petitioner

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versus

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State of H aryana ….Respondent

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Coram : HON’BLE MR. JUSTICE PANKAJ JAIN

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Present: Mr. A.K. Walia, Advocate f o r the petitioner. Mr. Sandeep Singh Mann, A d dl. AG, Haryana.

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PANKAJ JAIN, J. (ORAL)

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[1] Prayer is for grant of regul a r bail to the petitioner in case F IR No.0145 dated 15.02.2022 registered u n der Sections 307, 392, 394 I PC (Sections 201, 397 and 412 IPC added l ater on) at Police Station Am b ala Cantt., D i strict Ambala.

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[2] At the outset, counsel f or the petitioner submits t hat inadverte n tly, the present petition has been filed under Section 439 Cr. P .C. and on hi s oral request, the same be treat e d one under Section 483 of BN S S.

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[3] Allowed as prayed for. Pr e sent petition is treated as peti t ion filed und e r Section 483 of the BNSS.

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[4] Custody certificate dated 1 8 .10.2024 has been filed in Co u rt

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today. T h e same is taken on record.

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[5] As per the contents of FIR, i t has been alleged as under:-

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“ Statement of Sh. Vijay Kumar M ehta S/o Mulk Raj Mehta r/o House No. 5 349, Punjabi Mohalla Ambala Cantt. Age 77 y ears mobile No. 9416394278. It is stated th a t I

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CRM-M-12052-2024

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-2-

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am resident of above address and givin g tuitions to children for the last around 40 y ears and on 14.02.2022 at around 6.15 P.M. a ll students had went away to their residenc e s. At around 6.30 P.M. one old student wh o used to study around 9 years back came and introduced as himself as Manish and e n tered my house and sat beside me to who m my wife Anuja had served soup and sweet s after which she had left. The said boy ke p t on talking to me for around 40-45 minutes a nd during this conversation he disclosed th a t he is my previous student and at that time one maid named Luki used to work with m e and then I inquired about his family upon w hich he had told that his father is employ e d in railways and lives at Chintpuri. The b oy also told me that nowadays he is livi n g at Meerut and in the meantime my wife c a me from outside and accompanied the boy u p to the main gate while he was leaving o ur house so as to lock the main gate. I n the meantime I heard loud shrieks of my wi f e and she came running inside and the boy also followed her inside who had locked the m ain gate from the inside and upon coming i n side he had put red chilli on the face of my wife. And then he tied hand and feet of my wif e and after putting blanket on her he kicked h e r and then he had demanded rupees one lac f rom me and threatened me that in case of re f usal he would kill my wife. Upon this I said t hat I do not have the money right now and ca n give the same in the morning after withdra w ing from bank. Upon hearing this he got in fu riated but I tried to pacify him by talking t o him but he was adamant on his demand. I a g ain express inability to give the money at the spot then all of sudden he took out knife f r om his pocket and with an intention to ki l l, he inflicted knife blows on the body of my w ife repeatedly. He had forcibly removed gol d and diamond rings and diamond earrings fr om hand and ears of my wife and after th i s he also inflicted knife blows on me with int e ntion to kill and inflicted injury on my hea d and took away thousand rupees from my po c ket. He had inflicted injuries on my wife an d has snatched rings and earrings and com m itted the offence inside the store and also t aken away few belongings from purse of my w ife, the details of which 1 will provide you later on. While going away apart from this h e had also snatched mobile phones of me an d my wife and due to injuries my wife had f allen unconscious and I was also terrifie d and because of being handicapped I reache d up to the window of my house slowly and a sked for help after opening it and upon hea r ing my voice our neighbours came inside after breaking open the lock of iron grill gate and from roof top and they called the ambu l ance and took my wife to Civil Hospital Amb a la Cantt. and after some time police also ca m e to my house but I refuse to go to hospital b ut thereafter my family doctor C.K. Mittal c ame to my residence who gave me medicin e s and upon his advice the neighbors took m e to Civil Hospital where I was treated. The boy name to Manish had inflicted knife blo w s on me and my wife with intention t o kill and had a taken away my wife's jew e lery, money and our mobile phones and lega l action may be taken against him. I have g o t my statement recorded which is correct. Si g ned Vijay Kumar Mehta attested St Dhara m pal PS Ambala Cantt. Date 15.02.2022. P o lice action: Information was received at p o lice control room Ambala that knife blow i njuries have been inflicted on a lady and u pon receiving this information in police stati o n I SI alongwith HC Samrat Singh EHC

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CRM-M-12052-2024 -3-

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Amarjeet, C Satish Kumar reached house No. 5349 Punjabi Mohalla at ar o und 10.15/10.30 P.M. where Vijay Kumar M ehta and his wife alongwith many persons w ere found present at the spot and with the help of local the ambulance was called and A nuja Mehta was taken to CH Ambala Cantt f or treatment and injured Vijay Mehta refus e d to go to Hospital and was in state of shoc k and after talking to him he was also taken t o CH ambala Cantt I along with fellow offici a ls reached CH Ambala Cantt. where they were treated and from the MLR No. BP/140/ A MB/2022 dated 15.02.2022 of Vijay Mehta total 2 injuries were noticed and injury No.1 and 2 are sharp and kept under observatio n and MLR No. BP/139/AMB/2022 dated 14.02.2022 of Anuja wife of Vijay Mehta tot a l six injuries were reported and all of them are sharp and kept under observation and after recording statement of the injured ap p lication was presented to the doctor an d the statement of injured Vijay Mehta and hi s wife were recorded and were read over to them and they have signed the same as token o f correctness which was attested by me and f rom the statement and the MLR offence u/s 392, 394, 307 IPC are made out and the statement is being sent through EHC Amarjeet to p olice station for the registration of the FI R and the number of the FIR informed and i t s special reports be sent to the higher off i cers. Finger print team be also sent and the spot has been sealed and I am proceeding with fellow officials at the spot. Today at Ci v il Hospital Ambala Cantt. Signed Dharampal SI Ambala Cantt. dated 15.02.2022 at 4.0 0 A.M. at police station: The above stateme n t for the above offences was received throug h EHC Amarjeet at the police station after w hich FIR No. 145 dated 15.02.2022 u/s 392, 394, 307 IPC PS Ambala Cantt was regis t ered and the same is being now sent throu g h EHC Amarjeet to the spot for the IO an d the copies of the FIR as special report is b eing sent by email to Ilaka Magistrat e , SP Ambala, DSP Ambakla Cantt. and othe r higher officers. The record of the police st a tion is completed as per rules. ”

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[6] Counsel for the petitioner s u bmits that the allegations aga i nst the petiti o ner are totally false as the co m plainant has failed to identify the jewellery / articles. The allegation of grie v ous injury are also not attribute d to the petiti o ner.

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[7] The material witnesses i.e. v i ctim along with his wife also stand examine d and there are 19 more cited w i tnesses. Thus, trial is not likel y to conclude in the near future. Counsel fo r the petitioner further submits t hat the petiti o ner is behind bars for more th a n 02 years 07 months and 21 d a ys.

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CRM-M-12052-2024 -4-

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[8] Per contra , counsel for the S tate has argued that in view of the gravity o f allegation, the petitioner is not e ntitled for concession of bail. [9] I have heard counsel for t h e parties and have carefully gone through t h e records of the case. [10] Without commenting on the merits of the case, keeping in v i ew the incar c eration suffered by the petitio n er and the material witnesses i.e. victim al o ng with his wife also stand ex a mined and there are 19 more c i ted witnesses, therefore, the trial is likely to take long time to conclude, the present p e tition is allowed . Petitioner i s ordered to be released on reg u lar bail, subject to his furnishing bail/suret y bonds to the satisfaction of the learned T r ial Court/Magistrate, concerne d .

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(PANKAJ JAIN) JUDGE 21.10.20 2 4 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

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RAJNEESH SHARMA 2024.10.22 06:21 I attest to the accuracy and integrity of this document

Manish Kumar Bajaj v. State of Haryana

Case brief

What is this about?

What did the court decide?

Manish Kumar Bajaj v. State of Haryana

Case brief

What is this about?

What did the court decide?

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