Vikas Alias Vicky v. State Of Haryana
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 10.07.2025 Vikas alias Vicky
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE
Present :
Ms. Veena Hooda, Advocate, for the petitioner. Mr. Aditya Pal Singla, AAG, Haryana.
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, J. (Oral) 1.
The petitioner is seeking regular bail under Section 483 of BNSS of 2023 in case FIR No.515 dated 02.11.2021 under Sections 302, 34 IPC (Previously under Sections 304-B, 34 of IPC) registered at Police Station Beri, District Jhajjar.
2.
The case of the prosecution is that complainant Rakesh had alleged that his sister who had married with the present petitioner, might have been killed. He got a telephonic call on 01.11.2021 at about 4:00 p.m.from PGIMS Rohtak that her sister Anita is admitted in hospital as she had been injured by some sharp edged weapon. Thereafter, complainant reached the hospital and found his sister as dead. Subsequently, PW-1 Ajay, who was also brother of the deceased-Anita did not support the case of the prosecution. Moreover, Surat PW-2, father of the deceased, did not not support the case of the prosecution. Both of them stated that deceased Anita had died at home due to being attacked by cattle and Buffalo fight. Even complainant-Rakesh, who had appeared as PW-4 stated the same fact
and did not support the case of the prosecution. PW-5 Bijender, who is uncle of the deceased also did not support the case of the prosecution. 3.
Learned counsel for the petitioner submits that since all the witnesses have resiled from the prosecution version and the fact that petitioner is in custody for the last 3 years 8 months and 1 day. Trial is likely to take a long time for its conclusion and continuous detention of the petitioner would not serve the ends of justice, therefore, petitioner be released on regular bail.
4.
Notice of motion.
5.
Mr. Aditya Pal Singla, AAG, Haryana, accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per custody certificate dated 08.07.2025, the petitioner is in custody for 03 years, 08 months and 01 day.
6.
I have heard the learned counsel for the parties and perused the record.
7.
In view of the above submission of learned counsel for the parties and considering the custody period undergone by the petitioner; trial is likely to take such a long time, the continuous detention of the petitioner would not serve the ends of justice. Keeping in view the facts and circumstances of the present case, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 8.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is hereby ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds
to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
9.
However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of their bail.
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10.07.2025 anil Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No