Vikas Kumar Alias Kikky v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 07.05.2026 VIKAS KUMAR ALIAS KIKKY ... PETITIONER

VERSUS

STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Mayur Karkra, Advocate for the petitioner. Mr. M.S. Toor, AAG Punjab.

**** JASJIT SINGH BEDI, J.

The prayer in the present petitions under Section 483 BNSS is for the grant of regular bail in case bearing FIR No.113 dated 13.06.2024 registered under Sections 302, 148 and 149 of IPC (Sections 201 and 452 IPC added later on) at Police Station Kotwali, District Patiala (charges framed under Sections 304 (105 BNS, 2023), 452, 148, 149 and 201 IPC) at Police Station Kotwali, District Patiala.

2.

Learned counsel for the petitioner contends that all the material witnesses have turned hostile. They have not even identified any of the accused in the CCTV footage of the alleged place of occurrence. As the petitioner is in custody since 26.09.2024 but only 05 of the 29 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon, and therefore, he be granted the concession of regular bail, moreso when co-accused namely Harjit Singh, Rajinder Singh @ Raju, Uday Khan, Sandeep Singh @ Ravi @ Lipsy and

Charanjeet Singh @ Lachu have been granted the concession of bail vide orders dated 30.03.2026, 22.04.2026 and 28.04.2026. 3.

The learned counsel for the State has filed custody certificate and the same is taken on record. He contends that the CCTV footage of the area around the place of occurrence would show that while Harjit Singh and Rajinder Singh @ Raju were armed with bottle crates, Uday Khan was armed with bricks. The nature of the allegations does not entitle him to the concession of bail. He however concedes that the petitioner is in custody since 26.09.2024, that 05 material witnesses have been examined all of whom have turned hostile and that co-accused namely Harjit Singh, Rajinder Singh @ Raju, Uday Khan, Sandeep Singh @ Ravi @ Lipsy and Charanjeet Singh @ Lachu have been granted the concession of bail vide orders dated 30.03.2026, 22.04.2026 and 28.04.2026.

4.

I have heard the learned counsel for the parties. 5.

Admittedly, when the material witnesses including the bua of the deceased-Kuldeep Kaur were examined, they have not supported the prosecution case. They have not identified the petitioner even when the CCTV footage was put to them during cross-examination. Whether the remaining evidence available against the petitioner is sufficient to establish his culpability shall be adjudicated upon during the course of the trial. The petitioner is in custody since 26.09.2024 but only 05 of the 29 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation, the further

incarceration of the petitioner is not required, moreso when co-accused namely Harjit Singh, Rajinder Singh @ Raju, Uday Khan, Sandeep Singh @ Ravi @ Lipsy and Charanjeet Singh @ Lachu have been granted the concession of bail vide orders dated 30.03.2026, 22.04.2026 and 28.04.2026. 6.

Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner-Vikas Kumar @ Kikky S/o Joginder Kumar is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned.

7.

The petition stands disposed of.

8.

All the pending miscellaneous applications, if any, stand disposed of.

(JASJIT SINGH BEDI) JUDGE 07.05.2026 kusum Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No