Mukesh Kumar @ Vishal Thakur v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 07.04.2026 MUKESH KUMAR @ VISHAL THAKUR ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. G.S.Verma, Advocate for the petitioner.

H.S. Grewal, J.(Oral) 1.

This petition has been filed by the petitioner seeking grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in case FIR No. 172 dated 03.10.2025, registered under Sections 103(2), 190, 191(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act at Police Station Moti Nagar, Ludhiana, Punjab. 2.

The case of the prosecution is that on 02.10.2025, the complainant was present at his shop when his son, Monu Kumar, arrived there. In the meantime, a quarrel broke out near a DJ setup, resulting in a stampede. During the incident, the complainant's son fell down. It is alleged that Pawan Bhikari, Papu Sherpuria, Mukesh, Dayanand, Wadda Golu, Chhota Golu, Ravi Gaswala, who were armed with pistols and Shishupal, along with 10-12 unknown persons and Lambu armed with iron dattars, assaulted the complainant's son and also fired gunshots at him. Thereafter, the assailants fled from the spot. Guddu and one Vicky also sustained injuries. The injured Monu Kumar was taken to the hospital, where he was declared dead. During investigation, a

-2supplementary statement of Ramji Prasad was recorded, wherein he named the present petitioner, alleging that the petitioner had come to his house along with 3-4 unknown persons, armed with revolvers, and threatened him that if anything happened to Shishupal, he would be killed. 3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated and was not named in the FIR. It is further submitted that the petitioner is a member of Gau Raksha Dal and had previously made several complaints to the police regarding cruelty to animals, upon which no action was taken, and due to this, he has been falsely roped in the present case. It is further submitted that the petitioner has been in custody since 18.10.2025 and prays for grant of regular bail.

4.

Notice of motion.

5.

Mr. P.S. Pandher, learned Assistant Advocate General, Punjab, accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of bail on the ground that the offence is serious in nature. He has placed on record the custody certificate of the petitioner, which is taken on record. As per the custody certificate, the petitioner has undergone custody of 05 months and 14 days. It is further submitted that one country-made pistol of .351 bore, one .32 bore pistol, two magazines, and 15 live cartridges have been recovered from the possession of the petitioner. It is also submitted that the petitioner is involved in two other FIRs and that charges are yet to be framed.

6.

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

-37.

Keeping in view the facts and circumstances of the case, particularly the involvement of the petitioner in two other criminal cases, which reflects his antecedents coupled with the recovery of firearms and ammunition from the possession of the petitioner, this Court does not find it to be a fit case for grant of the concession of regular bail to the petitioner. Accordingly, the present petition is dismissed. 8.

However, the petitioner shall be at liberty to move a fresh application for grant of bail in the event the trial does not make substantial progress within a reasonable period.

07.04.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No