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2025 Supreme(Online)(P&H) 27523

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS ALIAS DILJALE – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Vikas @ Diljale ... Petitioner Vs.

State of Haryana ... Respondent 1. The date when the judgment is reserved 04.02.2026 2. The date when the judgment is pronounced 11.02.2026 3. The date when the judgment is uploaded on the 11.02.2026 website

4. Whether only operative part of the judgment is Full pronounced or whether the full judgment is pronounced

5. The delay, if any, of the pronouncement of full Not applicable judgment, and reasons thereof CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Siddarth, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

...

Manisha Batra, J. (Oral).

1. This petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking grant of regular bail in case bearing FIR No.151, dated 10.06.2020, registered under Sections 302 and 34 IPC and Section 25 of the Arms Act, at Police Station Farrukh Nagar, District Gurugram. The previous petition as filed by the petitioner had been dismissed on account of the fact that he had not mentioned the factum of his involvement in other case i.e. his criminal antecedents.

2. The aforementioned FIR was registered on the basis of statement recorded by the complainant – Amardeep @ Sethi, alleging therein that about 02 months back, boxes of country made liquor belonging to his acquittance Premjeet Khodia were to be delivered to village Khod. The petitioner through him had agreed to deliver the same on his i20 vehicle and in lieu thereof, he was to get a sum of Rs.350/- for each box. His vehicle was, however, apprehended by the officials of CIA, Jhajjar and then the petitioner proclaimed that the complainant would be liable to compensate to the extent of value of the liquor. The complainant refused to do so and a verbal altercation had taken place between them due to which the petitioner started nursing a grudge against him. He further alleged that on the night of 10.06.2020, the complainant along with his co-villager Anil Kumar was present in his house and was consuming liquor when one youth came there and asked for giving him half bottle of country-made liquor. The complainant declined and thereafter that youth went back and sat in a vehicle. The complainant had also come out of his room in the meanwhile and found that two youths alighted from the same and one of them made an exhortation. The complainant rushed towards the street being scared. He heard some noise of firearm shots and found that Anil Kumar had been shot at by those assailants and thereafter, they had fled. After registration of the FIR, investigation proceedings were initiated. The CCTV footage of the camera installed in the vicinity had been collected. Accused Vishavjeet @ Ghissu, who had been arrested in case arising out of FIR No.248, dated

08.06.2020, registered at Police Station Pataudi, suffered a disclosure statement during the course of investigation in that case, thereby admitting his involvement in the present case. On the basis of disclosure statement, the petitioner and some other persons were nominated as additional accused. Accused Harish and Manjeet Panghal were also in custody in connection with some other case. Petitioner was joined into investigation in this case on 05.03.2021. He suffered disclosure statement admitting his involvement in the case and also disclosed the fact that the weapon used by him in the crime was got recovered in another case. Investigation now stands completed and the petitioner along with co-accused is facing trial for commission of the aforementioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co-accused, which cannot be considered to be admissible in evidence. He was not named in the FIR. The complainant has not supported the prosecution version. No specific role has been attributed to him. No recovery has been effected fr

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