CRM-M/33832/2026 of RAJENDER ALIAS BHINDA Vs STATE OF HARYANA on 27 July 2026

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.182 dated 20.10.2023 under Sections 323, 324, 302, 34 of the IPC (Section 506 of IPC and Section 25 of Arms Act added later on), registered at Police Station Bapoli, District Panipat.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- “As per the copy of complaint: To SHO Sahib Police Station Bapoli Panipat Sir, it is requested to you that I, Vishal son of Suresh is permanent resident of Khojkipur Kalan. I am studying in B.A. 2nd year, today on 20- 10-23 at around 3.45 PM, I, my father Suresh and my mother Suman were working in front of the house, at that time Rajinder @ Bhinda, son of Surajmal, resident of Khojkipur Kalan and Nisha wife Joginder along with his mother Ramrati @ Gola wife of Surajmal came to our house and started abusing us. Rajinder has built a new house adjacent to our house. Ever since the house was being built, he used to keep quarreling with us and my uncle Pritam and now from many days he was releasing the pipe of his bathroom and latrine into the drain in front of our gate. Which we were refusing. Panchayats were held several times in our village JATIN

CRM-M-33832-2026 -2- regarding these small matters. In which decisions were taken in mutual brotherhood. Rajinder and my uncle Pritam had also filed a complaint in the police station. Rajinder had already said many times about destroying our family. Today we were working outside the gate and at that time Rajinder, Nisha and Gola came there and abused us and Rajinder took out a knife. Nisha and Gola caught hold of my father and said in a loud voice that don't leave them today. So, Rajinder, in front of me and my mother, stabbed my father with a knife due to which a lot of blood started flowing from his chest. When my mother and I came to rescue to my father, then Rajinder stabbed me with a knife on my hand and arm. Due to which I also got hurt, my father fell there due to injury sustained and became unconscious and on hearing the noise of the fight, people from my family came there. On seeing coming them, Rajinder ran away along-with his knife with him and Nisha and Gola also left from there and I dialed 112. My family took my father to Park Hospital Panipat. Went. I and my mother reached Park Hospital by Dial 112 vehicle, where I came to know that my father had died on the way. These three together have killed my father. Legal action be taken against them. I have also presented my M.L.R. to you. L.T.I. Vishal applicant Vishal, son Suresh 8950112503.”

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 21.10.2023. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the prime prosecution witnesses already stand examined. Learned counsel has further submitted that PW-Vishal (son of the deceased) and PW-Suman (wife of the deceased) turned hostile during their cross-examination and have been declared hostile witnesses by the Public Prosecutor. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 2 years. Learned counsel has further urged that the petitioner has clean antecedents. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of regular bail. Learned State counsel seeks to place on record custody certificate dated 25.07.2026 in Court, which is taken on record.

5. I have heard counsel for the parties and have gone through the JATIN

CRM-M-33832-2026 -3- available records of the case.

6. The petitioner was arrested on 21.10.2023 and is in continuous custody since then. Upon culmination of the investigation, challan qua the petitioner was presented on 21.12.2023. Total 24 prosecution witnesses have been cited out of which 6 have been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions of learned counsel for the parties; including the weightage required to be attached to the testimony of hostile witnesses; shall be gone into during the course of the trial. Keeping in view the entirety of the factual milieu of the case in hand, especially the extended incarceration of the petitioner and the hostile testimony of the prime prosecution witnesses, namely PW-Vishal and PW-Suman. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 25.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 02 years, 9 months and 03 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned JATIN

CRM-M-33832-2026 -4- CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-

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

(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

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

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of bail of the petitioner.

9. Ordered accordingly.

10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 27.07.2026 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN