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2026 DAILYLAW 4381 (PNJ)

VIJAY KUMAR v. STATE OF PUNJAB

CRM-M/16360/2026 · 2026-04-24

Subhas Mehla

body2026

Judgment text

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In the High Court for the States of Punjab and Haryana at Chandigarh 220 CRM-M-16360-2026 (O&M) Date of Decision:- 24.04.2026 Vijay Kumar … Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Sumeet S. Brar, Advocate, for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. ***** SUBHAS MEHLA , J. (Oral) 1. By way of the present petition, the petitioner is seeking regular bail in FIR No.128 dated 06.07.2025, registered under Sections140 (3), 308(2), 127(2), 351(2), 3(5) 61(2), 140(2) of BNS, 2023, at Police Station Baghapurana, District Moga, Punjab. 2. The case of the prosecution is that the petitioner, along with co- accused, allegedly kidnapped the complainant and gave beatings to him. It is further alleged that they forcibly recorded a video of the complainant with one lady after stripping him half naked and threatened to make the video viral on social media. It is also alleged that a sum of Rs.10 lakhs as ransom was demanded by the accused which was later settled at Rs.4 lakhs. 3. Learned counsel for the petitioner contended that petitioner has been falsely implicated in the present cases. The petitioner is in custody for the last more than 09 months; he is having clean and clear antecedents and is not involed in any othe case. It is further submitted that co-accused, namely, Jaspreet Singh @ Gobhi, Raj Rani and Major Singh have already been GEETA RANI 2026.04.30 09:54 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CRM-M-16360-2026 (O&M) ( 2 ) granted regular bail by the Coordinate Bench of this Court vide separate orders of even dated 19.01.2026 passed in CRM-M-56660-2025, CRM-M- 47774-2025 and CRM-M-48034-2025, respectively. Hence, learned counsel prayed for concession of bail to the petitioner. 4. Custody certificate dated 23.04.2026 of the petitioner filed by learned State counsel today in Court, is taken on record. As per custody certificate, the petitioner has been behind bars for about 09 Months and 15 days. 5. Learned State counsel upon instructions from ASI Charanjit Singh opposed the prayer made by learned counsel for the petitioner. However, he has not disputed the fact that case of the petitioner is on similar footings as that of co-accused, who have already been released on bail. 6. Heard. 7. Taking into consideration the rival contentions of learned counsel for the parties; petitioner is in custody for the last more than 09 months; he is having clean and clear antecedents and is not involed in any othe case; co- accused, namely, Jaspreet Singh @ Gobhi, Raj Rani and Major Singh have already been granted regular bail by the Coordinate Bench of this Court vide separate orders of even dated 19.01.2026 passed in CRM-M-56660-2025, CRM-M-47774-2025 and CRM-M-48034-2025, respectively; trial is likely to take considerable time to conclude, and no fruitful purpose would be served by keeping him in custody for any further period, as concession of bail cannot be denied just as a measure of punishment and it is a trite principle of criminal jurisprudence that bail is rule, jail is an exception, this Court deems it a fit case to grant the concession of regular bail to the petitioner. GEETA RANI 2026.04.30 09:54 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CRM-M-16360-2026 (O&M) ( 3 ) 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. ( SUBHAS MEHLA ) 24.04.2026 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2026.04.30 09:54 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh