Vikas Kumar @ Vicky vs State of Haryana

Jasjit Singh Bedi, J

The prayer in the present petition under Section 483 of BNSS is for the grant of regular bail to the petitioner in case FIR No.280 dated 05.05.2025 under Sections 115, 118(1), 126, 3(5), 110, 351(3) BNS of 2023 registered at Police Station HTM, Hisar.

The present FIR came to be registered at the instance of Himanshu and reads as under:-

Stated that I am a resident of the above said address and I am studying LLB at CR Law College, Hisar. On the night of 02.05.2025 at about 1:00 AM, I, along with my friend Sunil Kumar son of Norang resident of Rajiv Nagar, Hisar, and friends Satish and Sukhvinder, had come to Hisar railway station from our hostel to have dinner. When we reached Hisar railway station, there were 3/4 boys standing outside the railway station in a black colored Scorpio and drinking alcohol. When the police officers stopped them from doing so, all those boys started arguing with the police officers. I made a video with my phone, and those boys told me that they would run a car over me too, and they all got into the car and left. After this, we were going to our room from the railway station. All these boys brought their car back again and blocked our way and started beating me up. Dipanshu hit me on my head, face, and forehead with the beer bottle he had in his hand, which caused me a lot of injuries and a lot of blood started flowing, and when I screamed, these people fled from the spot threatening to kill me, and I fainted. My friend Sunil Kumar admitted me to Civil Hospital, Hisar for treatment. After getting first aid from the doctor, I went to my village Moth. I request that legal action be taken against Dipanshu resident of Azad Nagar and 3/4 other boys who hit me. I have come to the police station today on 05.05.2025 and have given my statement. I have heard it, it is correct. POMOHSK 205.52.25 Complainant: Himanshu.

The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He has not been named in the FIR but was nominated as an accused during investigation. One Dipanshu who was specifically named in the FIR has been exonerated. There is a delay of 03 days in the registration of the FIR which is fatal to the prosecution case. As the petitioner is a first-time offender, in custody since 21.05.2025 but none of the 10 prosecution witnesses has been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail.

The learned counsel for the State, on the other hand, has filed a status report dated 21.09.2025 which is taken on record. While referring to the said report, he contends that during the course of the investigation, it transpired that the petitioner is the only accused. The nature of the allegations levelled against him do not entitle him to the concession of bail. He, however, concedes that the petitioner is a first-time offender, in custody since 21.05.2025 and none of the 10 prosecution witnesses has been examined so far.

I have heard the learned counsel for the parties.

The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the Trial. Admittedly, the petitioner is a first-time offender, in custody since 21.05.2025 and none of the 10 prosecution witnesses has been examined so far. Therefore, the Trial in the present case is not likely to be concluded anytime soon. In this situation, the further incarceration of the petitioner is not required.

Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Vikas Kumar @ Vicky is ordered to be released on bail subject to his furnishing bail bonds and surety bonds

to the satisfaction of learned CJM/Duty Magistrate, concerned.

The petition stands disposed of.