Vicky Alias Vipin v. State Of Haryana

102+214

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-15143-2025 in/and CRM-M-20558-2024 (O&M) Date of Decision: 12.08.2025 VICKY ALIAS VIPIN .....PETITIONER

VERSUS

STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE H.S.GREWAL

Present:

Dr. Pankaj Nanhera, Advocate for the petitioner. **** H.S. GREWAL, J. (ORAL) CRM-15143-2025 This application has been filed under Section 482 of Cr.P.C for placing on record the copy of depositions of PW-1 Om Prakash dated 07.12.2023, PW-3 Sanjay dated 11.03.2024 and 20.03.2024, PW-4 Bimla dated 11.03.2024 and 20.03.2024, PW-9 Anil dated 20.07.2024 and medical treatment record of petitioner as Annexures P-10 to P-14 respectively. For the reasons stated in the application, the same is allowed and Annexures P1-0 to P-14 are taken on record.

CRM-1844-2025 Learned counsel for the petitioner wishes to withdraw the present application.

Allowed to do so.

Dismissed as withdrawn.

Main case:

1.

This petition has been filed under Section 439 of Cr.P.C for grant of regular bail in case bearing FIR No. 221 dated 05.07.2020 under Sections 302,34 of IPC and Sections 25 and 27 of Arms Act registered at Police Station Beri, District Jhajjar, Haryana. 2.

The case of the prosecution is that the complainant had received a telephonic call from his wife namely Bimla and the Sarpanch of the village that both his sons namely Anand and Kulbir were shot dead by one Vicky (the present petitioner) along with co-accused namely Sawan @ Ashish @ JD. However, this fact has not been corroborated by any other evidence at this stage.

2.

Learned counsel for the petitioner submits that there is a delay of 8 hours in the registration of FIR despite the fact that the incident occurred at about 10:00 P.M but the complaint was moved by the complainant on next day. He further submits that the complainant is not the eye-witness of incident. The petitioner has been falsely implicated in the present case due to monetary dispute. He further submits that one remaining witness namely Kuldeep @ Kulbir has expired on 23.02.2023, and has produced the death certificate in the Court today and the same is taken on record. 3.

Notice of motion.

4.

Mr. Tapan Masta, Addl. Advocate General, Haryana accepts notice on behalf of the respondent-State. Learned State counsel vehemently opposes the prayer for grant of regular bail. He further submits that out of 48 prosecution witnesses only, 21 witnesses have been examined.

5.

I have heard the learned counsel for the parties and perused the record.

6.

Keeping in view the facts and circumstances of the present case and the fact that 21 witnesses have been examined and the continuous detention of the petitioner would not serve the ends of justice, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial.

7.

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 bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

8.

It is clarified that if on bail so granted through the instant order, the petitioner is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

9.

Pending applications, if any, shall also stand disposed of. (H.S.GREWAL) 12.08.2025 JUDGE renu Whether speaking/ reasoned :

Yes/No Whether Reportable :

Yes/No