High Court Grants Bail to Accused After 2 Years in Custody: Material Witnesses Turn Hostile

In a significant development, the High Court of Punjab & Haryana has granted regular bail to the petitioner, Vikas alias Vikki, who had been in custody for the last 2 years, 8 months, and 3 days. The decision was reached on 20th July 2023 by Hon'ble Mr. Justice Aman Chaudhary. The bail petition (CRM-M-44370-2022) was filed under Section 439 Cr.P.C. in connection with FIR No. 747 dated 5th November 2020, registered under Sections 114, 216, 302, 120-B, and 34 of the Indian Penal Code (IPC) as well as Sections 30 and 25 of the Arms Act at Police Station Barwala, District Hisar.

The judgment cited in the case was "Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382," where the Hon'ble Supreme Court emphasized the duty of the court to examine the role of the accused in the charged offense and other relevant circumstances.

One of the key arguments presented by the petitioner's counsel, Mr. J.S. Thind, was that the recovery made from the petitioner was of a different firearm than the one alleged to have caused the fatal injury. Additionally, he pointed out that eight co-accused had already been granted regular bail by both the High Court and the trial Court.

The prosecution's case faced a setback as crucial material witnesses, including the complainant and three eye-witnesses, did not support the allegations. Out of a total of 25 prosecution witnesses, 21 are yet to be examined, indicating that the trial is likely to take considerable time.

In light of these factors, Hon'ble Mr. Justice Aman Chaudhary found that the petitioner's further incarceration would not serve any useful purpose. Thus, he allowed the petition for grant of regular bail, with certain conditions to be adhered to by the petitioner. These conditions include not tampering with evidence, not pressurizing or intimidating witnesses, mandatory appearance before the trial Court, and not committing similar offenses.

While pronouncing the judgment, the Hon'ble Judge clarified that the observations made in this proceeding are limited and do not indicate any opinion on the merits of the case. The trial will proceed independently, and in case of any breach of the conditions, the State will have the liberty to seek cancellation of bail.

The decision has brought relief to the petitioner after a prolonged period of custody, highlighting the significance of witness cooperation and the examination of relevant circumstances in bail matters.

Date of Decision: 20.07.2023

Vikas @ Vikki   vs State of Haryana