CRM-M-34662-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113 CRM-M-34662-2026 Decided on : 16.07.2026 Nikesh @ Nikesh Kumst . . . Petitioner(s) Versus State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Sanchit Punia, Advocate for the petitioner(s). Mr. Pawan Kumar Garg, AAG, Haryana. Mr. Manjit Singh Gahlawat, Advocate for the complainant **** SANJAY VASHISTH, J. (Oral) 1. The instant second petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Nikesh @ Nikesh Kumst, aged 25 years 878 22.10.2024 103(1), 109(1), 115, 117(2), 324(4), 190, 191(3) of BNS Hisar Sadar Hisar 2. Status report by way of an affidavit of Sh. Mayank Mudgil, IPS, Assistant Superintendent of Police, Hisar on behalf of the respondent-State has been filed in the Court today. The same is taken on record. 3. FIR in the present case was got registered on 22.10.2024 by REENA 2026.07.17 16:06 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34662-2026 complainant-Ramesh Kumar (brother of the deceased-Krishan), which reads as under: “Sir, I Ramesh Kumar son of Amar Singh, resident of Sayon village Talwandi Rana. Karan Singh his son and Meena his wife and others collectively injured and consecutively murdered my brother Krishan son of Amar Singh and they assaulted my elder brother Mishri Lal to eliminate him physically. He is admitted at Sapra Hospital in serious condition. It is requested that an FIR be registered against Karan Singh his son and his wife and others and an appropriate action be taken against them for murder of my younger brother Krishan and executing lethal assault on my elder brother Mishri Lal. Sd/- Ramesh Kumar son of Amar Singh (Ram Kumar) Talwandi Rana (125001) mobile phone No.: 98124-42744 dated 22.10.2024, 12.50 AM.” Thus, as per FIR version, three persons were named as accused, namely Karan Singh, his son Saajan and wife Meena and other unknown accused. 4. Learned counsel for the petitioner argues that petitioner is not named in the FIR. He further submits that, petitioner was nominated as accused only on the basis of disclosure statement of co-accused Karan and Saajan. He argues that co-accused Meena has already been granted bail by this Court vide order dated 15.07.2025 passed in CRM-M-10499 of 2025. He further refers to the statement of injured Mishri Lal (PW-6), wherein injured witness–Mishri Lal incorrectly identified one person named Vishesh as petitioner, Nikesh. However, this statement is factually incorrect, as Vishesh and Nikesh are two entirely different individuals. Counsel for the petitioner refers the statement of injured-Mishri Lal to show that, though allegation of causing injury is there against the petitioner, but it is not stated that with what weapon petitioner was armed and caused injury. Moreover, only one danda was recovered from the petitioner. Thus, argues that once material witnesses including the injured have already been examined, any REENA 2026.07.17 16:06 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34662-2026 longer incarceration would not serve any meaningful purpose. Petitioner is inside the jail for the period of last 01 year, 07 months and 12 days, thus prays for grant of concession of regular bail. 5. On the other hand, learned State counsel has produced the custody certificate dated 15.07.2026 in Court today, which is taken on record. Office is directed to tag the same at the appropriate place. A copy thereof has been handed over to learned counsel for the petitioner. 6. Learned State counsel and learned counsel for the complainant, while opposing the prayer for bail, submits that as per deposition of injured witness- Mishri Lal, wherein he has categorically stated in the witness box that petitioner was also present, who caused injuries to the deceased and the injured. Thus, prays for dismissal of the present petition. 7. I have heard learned counsel for the parties and perused the relevant material available on record with their able assistance. 8. petitioner is not named in the FIR and injured witness-Mishri Lal has identified somebody else as petitioner-Nikesh, though no opinion is warranted at this stage, however, definitely, these issues are a matter of trial to be adjudicated by the trial Court at final stage. Moreover, petitioner is not attributed any specific injury, and out of total 30 prosecution witnesses, only 10 prosecution witnesses have been examined, therefore, conclusion of trial would likely to take considerable time to conclude. 9. Accordingly, without commenting upon the merits of the case, and keeping in view the overall facts and circumstances, nature of allegations, period of incarceration already undergone, and the stage of trial, this Court deems it a fit REENA 2026.07.17 16:06 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34662-2026 case for grant of regular bail to the petitioner. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 10. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 11. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 12. Petition stands disposed of. Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE July 16, 2026 reena Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No REENA 2026.07.17 16:06 I attest to the accuracy and integrity of this document Chandigarh