CRM-M-72625- IN THE H (243) VIKAS KUMAR STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The p Section 483 of Bh for grant of regul registered under Bharatiya Nyaya S BNS added later Station Sardulgarh 2. The got recorded by t that the Panchay Nomination forms persons, was perfo -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH MAR @ VIKASH KUMAR Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Ashim Singla, Advocate for the p Ms. Sakshi Bakshi, AAG, Punjab ****
BATRA, J. (ORAL)
The present petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 103(1), 324(4), 324(5 yaya Sanhita, 2023 (for short “BNS later on and Section 324(5) of BN ulgarh, District Mansa. The aforementioned FIR was registe d by the complainant Abhey Ram on anchayat elections were to take p forms for the same were being fill s performing the duty of checking the JAB AND HARYANA AT ARH
CRM-M-72625-2025 (O&M) Date of decision : 02.02.2026 ... Petitioner ...Respondent ANISHA BATRA
r the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.158 dated 02.10.2024 324(5), 61(2), 191(3) and 190 of BNS”) [Section 5(6) and 189(4) of of BNS deleted later on] at Police registered on the basis of statement am on 02.10.2024, alleging therein ake place in Village Sardulgarh. ng filled up. He, alongwith other ing the filled forms. Victim Radhey M) 2026 oner
dent
nder ) 2024 0 of 4) of olice ment erein garh. other dhey AMIT SHARMA 2026.02.03 16:20 I attest to the accuracy and integrity of this order/judgment. CRM-M-72625- Sham, inhabitant o the same night, at morning, his dead village. The comp Salim, Parveen K threats to kill the the victim. He a above named Ak proceedings were 3. As pe of the victim, rec some other perso Chanan Ram and brother. The petit was arrested on Investigation now facing trial for com 4. It is a falsely implicated the victim. There circumstantial evi collected by the In offence. Petitione the petitioner. He -2025 (O&M) 2 itant of Village Khaira was also chec ht, at about 11:30 PM, Radhey Sham s dead body was found lying in his car e complainant alleged that in the past een Kumar, Parmod Kumar and Sun ll the victim and even cases had been He also informed that the victim w ed Akbar Salim. After registratio were initiated. As per the further allegations, on 03 m, recorded his statement suspecting persons, namely Ravi Kumar, Mat and Vikas Kumar i.e. the petitioner e petitioner, alongwith other persons, d on 01.11.2024. The co-accuse n now stands completed. The petiti for commission of the aforementioned It is argued by learned counsel for t icated in this case on the basis of susp There is no eye-witness to the occu ial evidence and no incriminating m the Investigating Agency to connect titioner is in custody since long. No re er. He has clean antecedents. His c o checking the forms with him. On m had left in his car. In the next his car near the sports stadium of his e past, some persons namely, Akbar d Sunil Kumar had been extending been filed by these persons against tim was having animosity with the istration of the FIR, investigation on 03.10.2024, Tarsem Lal, brother ecting that Ishwar Chand alongwith , Mati Dass and Bharat Singh @ tioner had hand in the murder of his , was nominated as accused. He accused have also been arrested. petitioner alongwith co-accused is tioned offences. l for the petitioner that he has been suspicion raised by the brother of occurrence. The case is based on ting material whatsoever could be nnect the petitioner with the subject No recovery has been effected from His continued detention would not On next f his kbar ing ainst h the ation other with h @ f his . He sted. ed is been er of d on d be bject from not AMIT SHARMA 2026.02.03 16:20 I attest to the accuracy and integrity of this order/judgment. CRM-M-72625- serve any useful extended benefit o same benefit. It is 5. Status learned State cou leveled against the regular bail. 6. This both the parties. 7. The unlawful assembly thereof and by ha death of the victim the FIR. The cas brother of the vic obviously take tim been examined. petitioner, this Co petitioner is not re the petitioner in cu trial incarceration bail is the rule an discussed facts, th case for grant of b -2025 (O&M) 3 seful purpose. The co-accused Ish nefit of regular bail by this Court. O . It is, therefore, urged that the petitio Status report and custody certificate h te counsel that keeping in view the nst the petitioner, he does not deserve This Court has heard the rival subm The petitioner is alleged to have sembly with the co-accused and in p by hatching conspiracy with the co- victim on the night of 02.10.2024. Th he case rests upon circumstantial evid he victim were not the eye-witnesses ke time to conclude as only 01 out of ned. Given the nature of the alleg his Court is of the opinion that furthe not required and no fruitful purpose r in custody anymore. It is well settle ration should not be a replica of post ule and jail is an exception. Taking , this Court is of the opinion that nt of bail. Accordingly, the petition is ed Ishwar Chand has already been urt. On parity, he too deserves the petition deserves to be allowed. icate have been filed. It is argued by w the gravity of the allegations as eserve to be given the concession of l submissions made by counsel for have formed membership of an d in prosecution of common object -accused, had caused homicidal 24. The petitioner was not named in al evidence only. Complainant and nesses to the occurrence. Trial will out of 31 prosecution witnesses has e allegations as leveled against the further pre-trial incarceration of the rpose would be served by detaining ll settled proposition of law that pre- f post-conviction sentencing and that aking into consideration the above n that the petitioner has made out a ition is allowed and the petitioner is been s the d by s as on of l for f an bject cidal ed in t and will s has t the f the ining - that bove out a er is AMIT SHARMA 2026.02.03 16:20 I attest to the accuracy and integrity of this order/judgment. CRM-M-72625- ordered to be relea bonds to the exten the Court concern not directly or ind acquainted with Court on each an exempted by the T 8. It is cla as an expression o influence the outco 9. Since any, is rendered in 02.02.2026 Amit Sharma -2025 (O&M) 4 e released on bail subject to his furnis extent of two sureties in the like amo oncerned/Duty Magistrate and subject or indirectly make any inducement, th with the facts of the case. He shall a ch and every date of hearing except y the Trial Court. t is clarified that the observations mad sion of opinion of this Court on the m e outcome of the trial in any manner. Since the main petition has been all ered infructuous.
(MA Whether speaking/reasoned:- Yes
  
furnishing personal as well as surety ke amount each to the satisfaction of ubject to the condition that he shall ent, threat or promise to any person shall appear before the learned Trial except when his presence has been s made above shall not be construed the merits of the case and shall not nner. een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
urety on of shall rson Trial been trued ll not n, if AMIT SHARMA 2026.02.03 16:20 I attest to the accuracy and integrity of this order/judgment.