Vijay Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51744-2024 Date of Decision: 24.10.2024 VIJAY KUMAR ALIAS HARRY

...Petitioner

Vs.

STATE OF PUNJAB

...Respondent

CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present :

Mr. Aman Redhu, Advocate, for the petitioner. Mr. M. S. Bajwa, DAG, Punjab.

N.S.SHEKHAWAT , J. (Oral) 1.

The petitioner has filed the instant petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer to grant a regular bail to the petitioner in case FIR No.199 dated 28.07.2024 registered under Sections 108 and 61(2) of BNSS at Police Station Sahnewal, District Ludhiana (Annexure P-1). 2.

As per the allegations leveled by the complainant, Navjot Kaur @ Navi, Shubam @ Shivim Kumar @ Shimbu and the petitioner used to threaten Vineet Singh, since deceased on Instagram. On account of threats extended by the accused to Vineet Singh, he had committed suicide. Learned counsel for the petitioner contends that even the petitioner or his co-accused had not abated or instigate the Vineet Singh in any manner to committee suicide and the ingredients of the offence under Section 108 of BNS are missing in the instant case. As per the learned counsel, the petitioner and Vineet Singh,

CRM-M-51744-2024 -2since deceased were first cousins and both had developed liking for a girl namely Navjot Kaur @ Navi. Ultimately, Navjot Kaur @ Navi married to the petitioner on 22.04.2024 and due to this reason, Vineet Singh, since deceased was disheartened and depressed. Learned counsel further contends that Vineet Singh, since deceased had committed suicide and due to the said reason, a false case has been planted on the petitioner. The petitioner was arrested in the present case on 28.07.2024. By relying upon the orders (Anneuxre P-3 and Annexure P-4) passed by this Court, learned counsel contends that similarly placed co-accused Shubam @ Shivim Kumar @ Shimbu and Navjot Kaur @ Navi have been granted the concession of bail. 3.

On the other hand, learned State counsel has vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that there are serious allegations against the petitioner and the petitioner is not entitled for the concession of regular bail. 4.

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

5.

In the present case, co-accused Shuvam @ Shivim Shimbu and Navjot Kaur @ Navi have already been granted the concession of bail by this Court vide orders annexure P-3 and annexure P-4 passed in CRM M-46705 of 2024 and CRM M-48432 of 2024. The case of the petitioner is on better footings and his further custody will not serve any meaningful purpose.

CRM-M-51744-2024 -36.

In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.

24.10.2024 ( N.S.SHEKHAWAT) M.Sikka JUDGE Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No