Ashish Alias Sethi Vs State of Haryana

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 Cr.P.C.) for grant of interim bail for three days to the petitioner in case FIR No. 63 dated 04.04.2025 (Annexure P-1) under Sections 103(1), 3(5) and 61 of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 302, 34, 120-B IPC) (subsequently after investigation challan submitted and charges have been framed under Section 80 of BNS, 2023 (Section 304-B IPC), registered at Police Station Dadri City, District Charkhi Dadri.

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Learned counsel for the petitioner submits that the marriage of the petitioner's younger brother, namely Ashish @ Montu, is scheduled to be solemnized on 26.04.2026. It has been specifically pleaded that the petitioner is the real and only elder brother of the bridegroom and his presence is essential for performing various ceremonies, arrangements, and SATYAWAN 2026.04.17 16:18 I attest to the accuracy and integrity of this document

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customary rituals connected with the marriage. It is further stated that the petitioner's grandfather, namely Ran Singh, aged about 91 years, is seriously ill and has expressed his last wish to meet the petitioner and to witness what is stated to be the last marriage in the family during his lifetime. On these grounds, a prayer has been made for grant of interim bail for a limited period.

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On advance notice, Ms. Vasundhra Dalal Anand, Sr. DAG, Haryana puts in appearance and submits that the factum of marriage of the petitioner's younger brother was duly verified and found to be correct. However, the prayer has been opposed on the ground that there are several family members available to perform the marriage functions and that the petitioner is facing trial in a serious case involving the murder of his wife. It has also been pointed out that the petitioner has been involved in multiple criminal cases. She further submits that taking into account the seriousness of the allegations, the pendency of trial, and the proximity of the victim's family to the petitioner's residence, the instant petition deserves to be dismissed.

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Having heard learned counsel for the parties and perused the record, this Court finds that the factum of marriage of the petitioner's younger brother on 26.04.2026 is not in dispute and stands duly verified. The relationship between the petitioner and the bridegroom also remains uncontroverted.

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The allegations against the petitioner are undoubtedly grave in nature and the trial is stated to be pending. The apprehension expressed by the State regarding possible influence on witnesses and concern for the SATYAWANsafety of the victim's family cannot be lightly brushed aside. At the same 2026.04.17 16:18 I attest to the accuracy and integrity of this document

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time, it is also borne out from the record that except for two cases under the Excise Act, the petitioner has been acquitted in the remaining cases.

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The petitioner has sought interim bail for a very limited duration, i.e., three days only, to attend the marriage of his real younger brother and to fulfill his familial obligations, coupled with the emotional aspect of meeting his ailing grandfather of advanced age. In the considered view of this Court, such a limited indulgence, if properly regulated, would not prejudice the prosecution, while denial thereof would cause irreparable loss to the petitioner in participating in a significant family event.

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Balancing the competing considerations and taking into account the limited nature of the prayer, this Court is of the opinion that the petitioner deserves to be granted interim bail for a short duration, subject to stringent conditions. Accordingly, the petitioner is directed to be released on interim bail for a period of three days i.e. 25.04.2026 to 27.04.2026, subject to the following conditions:

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(i) The petitioner shall furnish adequate bail and surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

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(ii) He shall not visit, contact, or in any manner communicate with the family members of the deceased.

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(iii) He shall disclose in advance to the Investigating Officer the place where he intends to stay during the period of interim bail and shall not change the same. He shall not leave the said place except for attending the marriage ceremonies.

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(iv) He shall mark his presence before the concerned police station as directed by the Investigating Officer during the said period. Upon expiry of the aforementioned

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SATYAWAN 2026.04.17 16:18 I attest to the accuracy and integrity of this document

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period, the petitioner shall surrender before the jail authorities without fail.

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