Ajay Kumar @ Dani v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Section 75 08.06.2024 Goraya, District Jalandhar 304 IPC

¶1The pe!!oner incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 483 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 8 of the bail pe!!on, the accused declares that he has no criminal antecedents. However, as per para 14 of the status report and as per the custody cer!ficate, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Station

¶14 19.01.2019 61 of Excise Act Goraya, Jalandhar (Rural)

¶2194 04.09.2020 22(b) of NDPS Act Goraya, Jalandhar (Rural)

¶3306 20.11.2023 21(a) of NDPS Act Phillaur, Jalandhar (Rural)

¶448 06.03.2024 21(b) of NDPS Act Phillaur, Jalandhar (Rural)

¶3The facts and allega!ons are being taken from the status report filed by the State, which reads as follows: "4. That the FIR No.75 dated 08.06.2024 for offences u/s 304 IPC was registered at Police Sta&on: Goraya, Jalandhar Rural on the basis of the statement given by complainant namely Neelam Rani to the effect that her husband namely Dinesh Kumar is fond of pigeon shows. On 06.06.2024 atJYOTI order/judgment. 1 about 05:30 AM, Dinesh Kumar along with his friend Arun Kumar (son of Kundan Lal) and his pigeon had gone to village Dhaleta where Dinesh Kumar's sister namely Surinder Kaur lives. However, complainant's husband Dinesh Kumar did not return back in the evening. When the complainant contacted Arun Kumar, he told her that a<er the pigeon show, Dinesh Kumar had gone to his sister Surinder Kaur's house. When the complainant contacted Surinder Kaur, she told her that Dinesh Kumar never visited her house. The complainant got worried and made several calls on Dinesh Kumar's phone no.88726-xxxx but in vain. Therea<er, the complainant along with her rela&ves started searching for her husband Dinesh Kumar and a<er some&me, complainant's nandoi Vijay Kumar told her that on

06.06.2024 at around 06:30 PM, he had seen Dinesh Kumar travelling on the motorcycle with Ajay Kumar @ Dani (pe&&oner) and both of them were going towards the fields through kacha road. On the basis of the said informa&on, the complainant reached the fields of Makhan Singh in the area of Bara Pind where dead body of Dinesh Kumar was found lying and blood was oozing out of Dinesh Kumar's mouth and ears. Lastly, the complainant stated that Ajay Kumar @ Dani (pe&&oner) has killed her husband Dinesh Kumar and hence, case/FIR was registered against Ajay Kumar @ Dani present pe&&oner-accused."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

¶5The State's counsel opposes bail and refers to the status report.

¶6It would be appropriate to refer to the following por!ons of the status report, which read as follows: "11. ROLE OF PETITIONER: That the pe&&oner has been specifically named in the FIR by the complainant Neelam Rani wherein she stated that when her husband Dinesh Kumar did not come back home, she started searching for him and a<er some&me, complainant's nandoi Vijay Kumar told her that on 06.06.2024 at around 06:30 PM, he had seen Dinesh Kumar travelling on the motorcycle with Ajay Kumar @ Dani (pe&&oner) and both of them were going towards the fields through kacha road. On the basis of the said informa&on, the complainant reached the fields of Makhan Singh in the area of Bara Pind where dead body of Dinesh Kumar was found lying and blood was oozing out of Dinesh Kumar's mouth and order/judgment. 2 ears. Lastly, the complainant stated that Ajay Kumar @ Dani (pe&&oner) has killed her husband Dinesh Kumar.

¶12EVIDENCE AGAINST THE PETITIONER: That the pe&&oner was arrested on 08.06.2024 and during interroga&on, pe&&oner Ajay Kumar @ Dani suffered his first disclosure statement to the effect that on 06.06.2024, there was a pigeon show at his village and several people, including Dinesh Kumar, had come for the said show. The pe&&oner Ajay Kumar @ Dani further stated that both Dinesh Kumar (deceased) and Ajay Kumar @ Dani had known each other for the last 5-6 years and both of them were habitual of consuming intoxicant substance. For the purpose of consuming intoxicant substance, both Dinesh Kumar and Ajay Kumar @ Dani went to the fields on the motorcycle of Ajay Kumar @ Dani. Lastly, pe&&oner Ajay Kumar @ Dani stated that Dinesh Kumar (deceased) consumed excessive intoxicant substance as a result of which he fell down on his face and Ajay Kumar @ Dani, out of fear, ran from the spot on his motorcycle. That on

10.06.2024, the pe&&oner suffered his second disclosure statement to the effect that he had given heroin and a syringe to deceased Dinesh Kumar and Dinesh Kumar a<er consuming heroin, fell on the ground on his face. Accused Ajay Kumar @ Dani, out of fear, ran from the spot on his motorcycle and hit his motorcycle in a street near his house. Thus, on the basis of disclosure statement suffered by accused Ajay Kumar @ Dani, a syringe and needle was recovered from the fields of Makhan Singh and motorcycle color black make Hero used by accused Ajay Kumar @ Dani was also recovered and taken into police possession." REASONING:

¶7There is sufficient primafacie evidence connec!ng the pe!!oner with the alleged crime. However, pre-trial incarcera!on should not be a replica of post-convic!on sentencing. As per paragraph 12 of the status report, the pe!!oner has been in custody since 08.06.2024. As per the custody cer!ficate dated 03.02.2025, the pe!!oner's total custody in this FIR is around eight months. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega!ons, and the other factors peculiar to this case, there would be no jus!fiability for further pre-trial incarcera!on at this stage.

¶8Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for bail. This order shall come into force from the !me it is uploaded on this Court's order/judgment. 3 official webpage.

¶9Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the aKes!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶11This order is subject to the pe!!oner's complying with the following terms.

¶12The pe!!oner shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶13This bail is condi!onal, and the founda!onal condi!on is that if the pe!!oner indulges in any non-bailable offense, the State may file an applica!on for cancella!on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶14The concerned trial court is authorized to delete, modify, or relax any of the above condi!ons and shall be competent to do so in accordance with the law.

¶15Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oner can download this order along with case status from the official web page of this Court and aKest it to be a true copy. If the aKes!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for aKes!ng bonds. order/judgment. 4

¶17Petition allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

07.02.2025 Jyo!-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 03.02.2025 Pronounced on: 07.02.2025 Ajay Kumar @ Dani ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ajay Pal Singh Rehan, Advocate for the pe!!oner. Mr. Rubal Pawar, A.A.G. Punjab. ****