Rajan Dhaliwal v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 27.05.2026 RAJAN DHALIWAL ... PETITIONER

VERSUS

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

Present:

Mr. Mayank Mathur, Advocate for the petitioner. Mr. Harkanwar Jeet Singh, 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, 452, 148, 149 and 201 of IPC (Sections 103, 333, 191(3), 190 and 238 BNS) at Police Station Kotwali, District Patiala 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 22.01.2025 but only 08 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, Charanjeet Singh @ Lachu and Vikas Kumar @ Kikky have been granted the

concession of bail vide orders dated 30.03.2026, 22.04.2026, 28.04.2026 and 07.05.2026.

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 22.01.2025, that 08 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, Charanjeet Singh @ Lachu and Vikas Kumar @ Kikky have been granted the concession of bail vide orders dated 30.03.2026, 22.04.2026, 28.04.2026 and 07.05.2026.

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 22.01.2025 but only 08 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, Charanjeet Singh @ Lachu and Vikas Kumar @ Kikky have been granted the concession of bail vide orders dated 30.03.2026, 22.04.2026, 28.04.2026 and 07.05.2026.

6.

Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner-Rajan Dhaliwal S/o Somnath 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 27.05.2026 kusum Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No