Manoj Alias Kala Vs State of Haryana

Present petition has been fil e d under Section 483 of th e Bhartiya Na g arik Suraksha Sanhita, 2023 ( for short ‘BNSS’) for grant o f regular bail t o the petitioner in case bearin g FIR No.692 dated 27.07.2023 , registered f o r the offences punishable unde r Sections 302, 201 and 203 o f IPC, at Police Station Samalkha, District Pa n ipat.

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The case set up in the FIR in q u estion (as set out in the presen t

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petition by t h e petitioner) is as follows:-

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“ To the Chowki Incharge, H aldana Smalkha Panipat. Sir, it is - submitted that myself Manoj Kumar S/o Rajender Singh is the resident o f Mahabatti, Tehsil Smalkha, Distric t Panipat. My father Rajender S/ O Ramswarup had sold half killa of la n d to Sunil son of Ramkishan residen t of Mahabatti in lieu of Rs. 16 Lac 1. 5 years back. Rs.Four lac were give n by cheque and Rs. 12 Lac were p romised to be paid after one yea r alongwith interest by Sunil and in this connection my father ha d altercation with Sunil several time s . On 26.7.23 at about 8.00 PM m y f ather was in our house and at that time Sunil S/o Ramkishan, Jaiparkas h

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MAHAVIR SINGH 2025.07.23 17:27 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-2783-2025 (O&M)

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S/o Rajpal, Jitender S/o Mehar Sing h , resident of Village Mahabatti cam e to my father in our house and sta r ted drinking liquor there. When m y f ather demanded his money from Su n il, then they all atone became furiou s and started beating my father. Jaipa r kash and Jitender hit the head of m y f ather with brick and sticks and S unil and other persons also gav e beatings to my father. On hearing h u e and cry of the fight I and my wif e came at the spot and we saved our f a ther and they all also abused us an d threatened us to kill and they all ra n away from the spot alongwith thei r respective weapons. The head of my f ather was bleeding. I and my famil y members brought my father to the C ivil Hospital for treatment where th e Doctor after issuing the MLR refer r ed my father to PGI Khanpur and I alongwith my family members broug h t my father for treatment to Khanpu r where my father was declared as de a d by the Doctor. My father has die d due to the injuries suffered by him in the fight. Therefore legal action ma y be taken against Jitender, Sunil, J a iparkash and other persons. I hav e submitted my complaint to you. Appl i cant Manoj 8307560368. ”

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Learned counsel for the petitioner has iterated that the petitione r

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is in custo d y since 20.09.2023. Learned counsel for the petitioner ha s iterated that the police has, in order to shiel d the real culprits, challaned th e present petition for the offence of commit t ing murder of his own father . Learned co u nsel has further iterated t h at, assuming arguendo , th e prosecution v ersion is taken to be correct, o f fence under Section 302 of IP C is not made o ut, and at the most, it would be an offence under Section 304 o f IPC. Learn e d counsel has further iterate d that one prime prosecutio n witness, na m ely, Jitender Singh (PW5), wh o is alleged to be an eye witnes s by the prosecution, has not supported the c ase of the prosecution, and ha s turned hostil e . Thus, regular bail has been pr a yed for. 4. Learned State counsel has o p posed the present petition b y arguing that the allegations raised against th e petitioner are serious in natur e and, thus, h e does not deserve the concess i on of the regular bail. Learne d State couns e l has further submitted that, t hough, one prime prosecutio n witness, na m ely Jitender Singh (PW5), who has turned hostile, but there ar e

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MAHAVIR SINGH 2025.07.23 17:27 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-2783-2025 (O&M)

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yet two mo r e prime prosecution witnesses, namely Sunil and Jai Parkash , who are als o eye witnesses. Learned State c ounsel seeks to place on recor d custody certificate dated 22.07.2025 in Cour t , which is taken on record.

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I have heard counsel for the riv a l parties and have gone throug h the available records of the case. 6. The petitioner was arrested on 20.09.2023 whereinafte r investigatio n was carried out and challan w a s presented on 18.12.2023, an d charges in t he case in question were fr a med on 06.03.2024. Total 1 5 prosecution w itnesses have been cited, out o f which, one prime prosecutio n witness, na m ely, Jitender Singh (PW5) has turned hostile. The riva l contentions raised at Bar give rise to d ebatable issues; including th e weightage r e quired to be attached to the tes t imony of the hostile witness a s also whethe r the offence under Section 30 2 of IPC is made out or Sectio n 304 IPC; sh a ll be ratiocinated upon during the course of trial. This Cour t does not de e m it appropriate to delve deep into these rival contentions, a t this stage, lest it may prejudice the trial. N o thing tangible has been brough t forward to i ndicate the likelihood of the p etitioner absconding from th e process of j ustice or interfering with the prosecution evidence. As pe r custody cert i ficate dated 22.07.2025 filed b y the learned State counsel, th e petitioner h a s already suffered incarceratio n for a period of more than 01 year and 10 m onths & is not shown to be involved in any other case.

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Suffice to say, further dete n tion of the petitioner as a n undertrial is n ot warranted in the facts and ci r cumstances of the case.

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MAHAVIR SINGH 2025.07.23 17:27 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-2783-2025 (O&M)

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In view of above, the present p etition is allowed. Petitioner i s ordered to b e released on regular bail on hi s furnishing bail/surety bonds t o the satisfact i on of the Ld. concerned CJ M /Duty Magistrate. However, i n addition to c onditions that may be impos e d by the concerned CJM/Dut y

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Magistrate, t h e petitioner shall remain boun d by the following conditions:-

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(i) The petitioner shall not m is-use the liberty granted.

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(ii) The petitioner shall not t a mper with any evidence, oral or documentary, during t h e trial.

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(iii) The petitioner shall not a b sent himself on any date befor e the trial.

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(iv) The petitioner shall not c o mmit any offence while on bail.

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(v) The petitioner shall deposit his passport, if any, with th e trial Court.

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(vi) The petitioner shall giv e his cellphone number to th e Investigating Officer/SH O of concerned Police Statio n and shall not change his c ell-phone number without prio r permission of the trial Co u rt/Illaqa Magistrate.

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(vii) The petitioner shall not i n any manner try to delay th e trial.

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In case of breach of any of th e aforesaid conditions and thos e which may be imposed by concerned CJ M /Duty Magistrate as directe d hereinabove or upon showing any other sufficient cause, th e State/compl a inant shall be at liberty to m o ve cancellation of bail of th e petitioner.

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