221 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32632-2026 Date of Decision:06.07.2026 Rakesh Kumar …Petitioner Vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Varinder Singh Rana, Advocate (Legal Aid Counsel) for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.168, dated 15.08.2023, registered under Sections 302,34 of IPC {103,3(5) of B.N.S}, at Police Station Mandi Gobindgarh, District Fatehagarh Sahib (Annexure P-1). 2. Learned counsel for the petitioner has vehemently argued that even as per the admitted case of the prosecution, the petitioner was empty handed and had exhorted the other co-accused to cause injuries to the deceased. It has been further alleged that he had caught hold of the deceased, while injuries were caused by Chattarpal Singh and Gurjant Singh, which proved fatal and the deceased succumed to the injuries. Apart from that, no other overt act has been attributed to the petitioner. Learned counsel further submits that the main accused namely Chattarpal Singh and Gurjant Singh have already been arrested by the police. The petitioner was arrested in the present case on 15.08.2023 and HITESH 2026.07.07 17:03 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-32632-2026 -2 is in custody for the last about 02 years and 11 months. He further submits that the prosecution has placed reliance on 19 witnesses and only 08 witnesses have been examined so far. Thus, every attempt has been made to delay the trial. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner. He submits that two more cases were ordered to be registered against the present petitioner. However, he is not in a position to deny the factual submissions made by learned counsel for the petitioner. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. No doubt, the allegations levelled against the petitioner are serious in nature, however, this Court cannot overlooked the fact that the petitioner is stated to be in custody for the last more than 02 years and 11 months. The statements of the complainant and seven other witnesses have already been recorded and there is no material to show that the petitioner may tamper with the prosecution evidence or may abscond from the process of law. Thus, further custody of the petitioner will not serve any meaningful purpose. 6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. HITESH 2026.07.07 17:03 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-32632-2026 -3 (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. (N.S.SHEKHAWAT) 06.07.2026 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2026.07.07 17:03 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh