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2026 Supreme(Online)(P&H) 77549

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjay Vashisth, J
VIKRAM ALIAS KANDU – Appellant
Versus
STATE OF HARYANA – Respondent
CRM-M-59137-2025 (O&M)



Advocates:
For the Appellants/Petitioners: Samay Sandhawalia
For the Respondents: Parveen Kumar Aggarwal

Regular bail may be granted despite serious allegations of organized crime if there is prolonged incarceration, significant delay in trial (few witnesses examined), and parity with co-accused who have already been released.

Headnote:The petitioner sought regular bail under Section 483 of BNSS, 2023, in a case registered under Sections 111(3), 238(b), 3(5) of BNS and Section 25(6) of the Arms Act. The prosecution alleged that the petitioner, as part of an organized crime gang, supplied illegal weapons to a co-accused, based on a disclosure statement made by the said co-accused in police custody. The court noted that the petitioner had been in custody for approximately 01 year and 07 months, while only 3 out of 37 prosecution witnesses had been examined. The primary issue was whether the petitioner was entitled to bail despite the serious nature of the allegations. The court reasoned that the prolonged period of incarceration, the slow pace of the trial, and the fact that similarly situated co-accused had already been granted bail by a co-ordinate bench created a strong case for parity and relief. Consequently, prayer made in the present petition is allowed.

Table of Content
1. allegations of organized crime and illegal weapon supply based on co-accused disclosure. (Para 1 , 2)
2. arguments regarding false implication, lack of recovery, and parity with co-accused. (Para 3 , 4 , 6)
3. impact of prolonged incarceration and slow trial progress on bail eligibility. (Para 5 , 8)
4. grant of bail based on totality of circumstances, trial delay, and parity. (Para 9 , 10 , 11 , 12)

SANJAY VASHISTH, J.

1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of Petitioner(s) FIR No. Date Section(s) Police Station District
Vikram @ Kandu, aged about 26 years of 547 23.09.2024 111(3), 238(b), 3(5) of BNS and 25(6) of Arms Act Kharkhoda Sonepat

2. FIR in the present case was registered on the basis of the statement made by SI Manoj Kumar and the same is reproduced here below:-

“To the SHO P.S. Kharkhoda, District Sonipat. Today, I, P/SI was present in the premises of Special Task Force Unit, Rohtak, where in connection with the murder case committed by gangster Himanshu alias Bhau in Village Kharad Alipur, District Hisar bearing FIR No.678 dated 15.08.2024 registered at P.S. Sadar Hisar, a notice was given on 21.09.2024 to Manesh alias Monu son Om Prakash, resident of Village Prahaladpur (Kidoli) for joining investigation on 22.09.2024. Since the above case is related to organized crime/gang, senior officers have also given separate instructions to all the units of Special Task Force to work in the above case. On 22.09.2024, Manesh appeared in the premises of Special Task Force Unit, Rohtak. I, P/SI conducted enquiry on him. On my interrogation, Manesh alias Monu disclosed that "I was in jail for robbery, dacoity and murder case and I was released from jail about 1½ years ago. I have a good friendship with gangsters Himanshu alias Bhau and Sahil. About four months ago, gangster Himanshu alias Bhau contacted me on mobile phone through social media App and got a bag of weapons kept near KMP bridge, near Asoda, District Jhajjar. I brought it with me. About one and a half months ago, on the instructions of Himanshu alias Bhau, I sent that bag of weapons to Sonu, resident Kharad on Sundarpur drain Rohtak through my Mausi's son Vikram alias Kandu, resident Badli. Out of those weapons, I kept about 300 live rounds of different types and one country made pistol and two magazines with me. I have kept hidden the country made pistol and live rounds in a broken washing machine in my cattle shed. I can get them recovered". The inquiry is worth considering. After informing the officers about this information, 1, P/SI alongwith SI Ranbir Singh No.331/H, Ct. Praveen No.690/FBD in government vehicle bearing No.HR-26- GV-9971, driver of which was HC Surender No.2042/RTK alongwith Manesh @ Monu reached at the cattle shed in the house of Manesh @ Monu at Village Prahladpur, where I met an independent witness Anil son of Jagbir Singh, resident of Prahladour Kidoli near his house. After informing him about the information, reached at the house of Manesh. Manesh himself entered into the cattle shed and got recovered a white coloured bag from inside a broken washing machine. On checking it, a country made pistol, another empty magazine and 288 live rounds of different bore were recovered from inside it. When the recovered pistol was inspected, it was found empty. On its barrel, Marshal France was written in English and on both sides of the butt, black coloured plastic strip was attached. After preparing a separate rough sketch of the country made pistol, another empty magazine and live rounds, the measurement of the country made pistol was conducted, then length of barrel including body came to 16 cm and the length of the butt was 9 CM. A separate parcel of the country

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