IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

224 Date of decision: 10.02.2026 Deepanshu Singla @ Chiku ...Petitioner(s)

VERSUS State of Punjab and another ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. L.S. Sidhu, Advocate for the petitioner(s).

Mr. Mohit Kapoor, Sr. DAG Punjab.

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VINOD S. BHARDWAJ, J. (Oral)

1. This third petition has been filed for grant of regular bail to the petitioner(s) in case bearing FIR No.293 dated 06.08.2021, registered under Section(s) 302, 307, 323, 148, 149, 120-B (Sections 325, 326 added later on) of the Indian Penal Code, 1860 at Police Station City Kharar, District SAS Nagar, after the earlier petition had been dismissed as withdrawn vide order dated 04.03.2025.

2. As per the story of the prosecution, the brief facts of the case reads thus:-

“xxxxxxxx the present FIR was recorded on the statement of injured Jatinder Kumar that in the month of Sawan, he alongwith Omesh Kumar, Rakesh Kumar used to go to Haridwar to the pilgrimage (religious journey). Another party consisting of Deepanshu Singla, Mangal Aggarwal, Rajesh Kumar, Rahul Kumar, Gopal Krishan also go to the pilgrimage. The complainant party was having talk at the Arya College Road. Deepanshu Singla alongwith Manak Aggarwal and Rajesh Kumar abused them. Deepanshu was armed with kirch, Mangak Aggarwal was armed with iron rod, Rajesh Kumar was armed with iron road. Rajesh Kumar also started abusing them. In the meanwhile, Deepanshu Singla gave the blow of kirch in the abdomen of Rakesh Kumar. Manak Aggarwal gave blow of iron rod on the head of Rakesh Kumar, accused Rajesh Kumar also gave the blow of iron rod. Complainant tried to rescue Rakesh Kumar. Accused Rajesh Kumar gave blow of iron rod on the right leg. Rahul Kumar was armed with baseball. Gopal Krishan, Madhav Gupta and Suman Bala were holding danda (sticks). Accused Kiran Bala was also instigating the accused. Accused Deepanshu Singla gave blow of kirch on the neck of Rakesh Kumar, Rahul Kumar gave the blow of baseball on right leg of complainant. Deepanshu Singla gave the kirch blows on the right shoulder and elbow of Rakesh Kumar. Alarm was raised. Rakesh Kumar was died in the occurrence. Complainant Jatinder Kumar received injuries. Accordingly, offences are made out under Sections 302, 307, 323, 148, 149, 120-B, 325, 326 of IPC”.

3. Learned counsel for the petitioner contends that the petitioner has been in custody since 08.08.2021 and has undergone an actual custody of more than 4 ½ years. It is contended that notwithstanding the fact that the petitioner has been projected as the principal accused in the present case, the remaining seven co-accused have already been enlarged on bail. He contends that subsequent to the withdrawal of the earlier bail petition on 04.03.2025, the zimni orders of the trial Court shows that only 03 out of total 26 prosecutions witnesses have been examined so far, leaving 23 witnesses yet to be examined. It is contended that on account of long incarceration already suffered by the petitioner and the negligible progress of the trial, the petitioner deserves the concession of regular bail.

4. Learned counsel for respondent-State, on the other hand, contends that the petitioner is the principal accused and has been specifically attributed the infliction of kirch blow injuries on the abdomen, neck, and back of the deceased, Rakesh Kumar. He, however, does not dispute that, save and except for a jail offence, the petitioner is not involved in any other criminal case. It is also not in dispute that all the other co-accused have already been extended the concession of bail.

5. Having heard the learned counsel for the parties and taking into consideration the period of actual custody undergone by the petitioner being more than 4 ½ years, the stage of the trial wherein only 03 out of the total 26 prosecution witnesses have been examined so far, the fact that all the co- accused stand released on bail and further bearing in min