Bail in Murder Case - No Useful Purpose Would Be Served To Keep the Petitioner in Further Preventive Custody : P&H HC

In a decision that could set a precedent for bail applications, the High Court of Punjab and Haryana granted bail to Abhishek, who has been in custody since October 2021. The petitioner was accused under various sections of the Indian Penal Code (IPC) and the Arms Act. The Hon'ble Justice Arun Monga, delivering the decision on October 3, 2023, stated that "no useful purpose would be served to keep the petitioner in further preventive custody."

The bail application initially faced rejection by the Trial Court. Mr. Ankur Lal, the advocate for the petitioner, argued that Abhishek had been falsely implicated in the case. He cited key witness testimonies and highlighted that the CCTV footage did not conclusively prove the petitioner's presence at the scene of the crime.

On the other hand, the state, represented by Mr. Karan Garg, AAG, Haryana, opposed the bail, citing the petitioner's criminal history and the risk of him fleeing from the trial proceedings.

Justice Monga observed, "Conclusion of trial is likely to take quite some time as it is proceeding at a snail's pace. Whereas, the petitioner has already been languishing in jail for more than one year and 11 months." The Court further noted that most of the material witnesses had already been examined, and no concrete evidence was presented that the petitioner would tamper with the evidence or influence the witnesses.

The Court concluded that considering the overall scenario and without commenting on the merits of the case, the bail application had to be granted. The petitioner was ordered to be released on bail, subject to certain conditions.

The judgment clarified that the decision should not influence the ongoing trial, and if the petitioner is found involved in any other offenses while on bail, the prosecution would be at liberty to seek cancellation of his bail.

The decision serves as a pivotal example, emphasizing the importance of individual liberty and the need for concrete evidence when making custodial decisions.

Date of Decision: 03.10.2023

Abhishek vs State of Haryana