IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 208 CRM-M-29553-2026 (O&M) Date of Decision:27.08.2026 NITIN SHARMA ....Petitioner V/s STATE OF HARYANA .…Respondent CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Prateek Rathee, Advocate Mr. Ashutosh Singh, Advocate and Mr. Shwas Bajaj, Advocate for the petitioner. Ms. Vasundhara Dalal Anand, Sr. D.A.G., Haryana. *** VIKRAM AGGARWAL, J. (ORAL) This is the third petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the ‘BNSS’) for the grant of regular bail to the petitioner in case FIR No.460 dated 31.07.2023 registered under Sections 302 and 34 of IPC at Police Station Sector 10, District Gurugram, Haryana (Annexure P-1). The earlier two petitions having been withdrawn on 05.12.2024 and 27.02.2026, respectively. 2. Custody certificate dated 25.08.2026 filed in Court today is taken on record. Status report by way of affidavit of Mr. Kapil Ahlawat, HPS, Assistant Commissioner of Police, West, Gurugram, on behalf of the respondent-State filed in the Registry, is also taken on record. Registry is directed to tag the same at an appropriate place on the case file. 3. On a complaint moved by one Prem alias Premchand, the FIR in question was registered, the translated version of which (as given in Annexure P-1) is as under:- MANI KUMAR 2026.08.27 18:32 I attest to the accuracy and integrity of this document CRM-M-29553-2026 (O&M) -2- “Prem alias Premchand s/o Shri Paras, a permanent resident of village Alewa, district Jind. Sir, I have a son and two daughters. To earn a living, I sent my son Mukesh Kumar to work with Sachin alias Ashu resident of village Bhapdauda district Jhajjar. Mukesh was living with him since 21 March 2023, who is the main contractor, with whom h companions Sandeep resident of village Banta and Sumit resident of village Kishangarh (Meham) and Monu alias Yogendra lived in the room. On 28/07/2023, there was a fight between them over money. On 30/07/2023, Mukesh Kumar called in the afternoon and told that all of them are quarrelling with me. On 31/07/2023, Sector 10A Gurugram Police informed Alewa Police. We were informed by the Alewa Police Administration and we immediately reached Gurugram and on reaching the mortuary in Gurugram, we saw the dead body of my son Mukesh Kumar. After seeing the injuries on his body, we were convinced that my son was brutally beaten to death with sticks, iron rods and iron pipes by the abovementioned accused Sachin alias Ashu, Sandeep, Sumit and Monu alias Yogendra, due to the grudge of the fight that took place on 28/07/2023. Strictest legal action should be taken against him and we should be given justice. My son Mukesh Kumar was about 32 years old. And this incident appears to have happened tonight. Complainant Prem resident of village District Alewa (Jind) (Haryana) Date 31/07/2023 89509-24936 88140-84468” 4. The petitioner and co-accused Motindra, Sumit and Govind were apprehended on 03.08.2023. The petitioner is in custody since then. The case of the prosecution is that as per the disclosure statement suffered by the present petitioner, he along with the other co-accused had beaten up Mukesh Kumar, as a result of which, he died and that he had also made the video of the occurrence. The said video is stated to have been sent to DITAC Lab to ascertain its authenticity but the report is still awaited. MANI KUMAR 2026.08.27 18:32 I attest to the accuracy and integrity of this document CRM-M-29553-2026 (O&M) -3- 5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that he is in custody right from the day of his arrest. He submits that more than three years have gone by. No recovery has to be made from him. He further submits that the alleged eye- witness namely Sandeep alias Satpal stepped into the witness box on 05.02.2026 and has not supported the case of the prosecution. Reference has been made to the statement (Annexure P-13). He submits that out of 31 witnesses, only 5 have been examined till date despite charges having been framed as far as back on 09.01.2024. He submits that under the circumstances, it is clear that trial will take a sufficiently long time, therefore, no useful purpose would be served by keeping the petitioner in custody any longer. 6. Per contra, learned State counsel has opposed the bail application, stating that a video of the occurrence had duly surfaced which shows the complicity of the accused. However, on a query put by the Court, she concedes that as on date, no report about its authenticity has been received. She also concedes that the alleged eye-witness namely Sandeep alias Satpal has not supported the case of the prosecution. 7. I have considered the submissions made by learned counsel for the parties. 8. No doubt, a young man was done to death. However, how he died, will only be determined, when the trial concludes. The alleged video of the occurrence has not been verified and the matter is still pending before the concerned authority to determine its authenticity. The alleged eye-witness namely Sandeep alias Satpal has not supported the case of the prosecution. Despite charges having been framed as far as back on 09.01.2024, only 5 witnesses have been examined out of the cited 31 witnesses. The petitioner MANI KUMAR 2026.08.27 18:32 I attest to the accuracy and integrity of this document CRM-M-29553-2026 (O&M) -4- is in custody for the last 03 years and 21 days. His right to a speedy trial has gravely been prejudiced on account of the slow pace of the trial. Therefore, in the considered opinion of this Court, no useful purpose would be served by keeping the petitioner in custody any longer. 9. In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate. 10. Pending application(s), if any, shall also stand disposed of. (VIKRAM AGGARWAL) JUDGE August 27, 2026 Mani Kumar Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MANI KUMAR 2026.08.27 18:32 I attest to the accuracy and integrity of this document