Punjab & Haryana High Court Grants Bail in Attempt to Murder Case, Notes Six-Month Custody and No Progress in Trial
Case Name: Dev Malik vs. State of Haryana
Date of Judgment: 01.09.2025
Citation: CRM-M No. 38360 of 2025.
Bench: Justice Sumeet Goel.
Held: The High Court allowed the petitioner’s plea for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in a case registered under Sections 147, 307, 120-B, 506 and 325 of the Indian Penal Code (IPC). The Court held that further incarceration was unwarranted since the petitioner had already spent over six months in custody, no prosecution witnesses had been examined despite the filing of the challan, and no tangible material suggested that the petitioner would abscond or tamper with evidence.
Summary: The FIR (No. 258 dated 23.04.2024) was lodged at Police Station Sector 8, Faridabad, alleging that the petitioner, along with co-accused, attempted to kill the complainant and his brother by driving a car over them and later threatened them with further harm. The motive was alleged to be a long-standing village dispute concerning a public chaupal. The complainant also submitted CCTV footage of the incident.
The petitioner contended that he was falsely implicated due to the dispute, that the injuries were not of a nature justifying charges under Section 307 IPC, and that the complainant himself initially described the incident as a roadside accident when reporting it to the hospital. He further argued clean antecedents and sought bail on grounds of custody since February 2025.
The State, supported by counsel for the complainant, opposed bail, stressing the seriousness of allegations and asserting that intent to kill, rather than the injury’s severity, was crucial. They argued that release could lead to abscondence and prejudice the trial.
The Court, however, observed that although the challan had been presented on 28.07.2025 citing 14 prosecution witnesses, none had been examined till date, and the trial would take its own time. As per the custody certificate dated 29.08.2025, the petitioner had undergone six months and nine days of incarceration and had no prior criminal record. The Court held that continued detention in such circumstances was not justified.
Decision: The High Court allowed the petition and granted regular bail, subject to strict conditions, including non-misuse of liberty, non-tampering with evidence, attendance at trial, non-commission of further offences, surrender of passport, monthly affidavits of non-involvement in any fresh offences, and maintaining contact details with the police. The Court clarified that any breach would entitle the State or complainant to move for cancellation of bail. It also emphasized that no opinion on the merits of the case was being expressed at this stage.