Raman Alias Sonu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 09.01.2025 RAMAN @ SONU ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Bhanu Pratap Singh, Advocate, for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner has approached this Court under Section 439 Cr.P.C for grant of regular bail in case FIR No.66 dated 30.6.2022 under Sections 121-A, 124-A, 153-A, 120-B IPC and Sections 66-A, 66-F of IT Act at Police Station Cantt., Jalandhar (Annexure P-1). 2.

Learned counsel for the petitioner contends that there has been an undue delay in concluding the trial and that the allegations against him are unfounded and lack evidence.

3.

Learned counsel for the petitioner has further argued that the petitioner was arrested on 07.09.2022, the challan was presented on 12.05.2023 and charges were framed on 14.08.2024. Despite the passage of significant time, the trial has not concluded as none of the prosecution witnesses have been examined till date. It has been further submitted that the allegations in the FIR are baseless, as the petitioner was neither named in the FIR nor was any incriminating material recovered from his

-2possession to link him with the alleged offences. It has also been contended that as per allegations, the petitioner sought to create unrest in Punjab by writing provocative slogans supporting the Khalistani movement on walls and circulating inflammatory videos on social media. However, it has been asserted that there is no substantive evidence to support these claims. It has been further submitted that the sanction to accord prosecution against the petitioner had also not been received which made his continued incarceration totally unjustified.

4.

Per contra, learned State counsel has vehemently opposed the prayer and submissions made by the counsel for the petitioner by drawing the attention of this Court to the serious allegations levelled against the petitioner in the FIR in question (Annexure P-1) as well as the status report by way of affidavit filed by Assistant Commissioner of Police, Cantonment, Div-V, Jalandhar dated 25.04.2024. It has been contended that the allegations against the petitioner pertain to serious anti-national activities. The petitioner is accused of writing provocative slogans supporting the Khalistani movement on the walls of the Punjab Armed Police Complex, which were intended to incite unrest and disturb public order. It has been further submitted that additionally, a video containing inflammatory and anti-national content was circulated by the petitioner and was made viral on social media, amplifying the potential for disruption of law and order in the State of Punjab. Learned State counsel on further instructions has submitted that the petitioner is facing trial in three other

-3FIRs registered in different Districts of Punjab and Himachal Pradesh. which also involve allegations of anti-national and unlawful activities. 5.

Learned State counsel, on further instructions, has contended that while there has been some delay in trial, it is due to procedural requirements, including the delay which occurred in receiving the sanction from the Central Government to prosecute the petitioner. It has been further contended that a supplementary challan was presented on 05.08.2024 and it was thereafter that the charges were framed on 14.08.2024. Key prosecution witnesses, including the complainant and Investigating Officer have already been examined and hence the submissions made by the counsel for the petitioner that prosecution evidence had not yet commenced is factually incorrect.

6.

This Court has carefully considered the submissions of both the parties and perused the relevant material on record. 7.

Prima facie the allegations against the petitioner are not only serious but strike at the core of national integrity and public security. The petitioner is accused of orchestrating activities aimed at reviving the Khalistani movement which poses significant threats to the stability of the State of Punjab and the nation as a whole.

8.

Furthermore, the specific allegations against the petitioner include defacing public property by writing slogans supporting the Khalistani movement and circulating inflammatory video on social media. These acts, if proven, are not merely criminal but have the potential to

-4incite violence, foster communal discord, and destabilize the social fabric of the State.

9.

It is also noteworthy that the petitioner is facing similar charges in multiple FIRs across the State of Punjab and Himachal Pradesh. No doubt there has been some delay in conclusion of the trial, however, it is not sufficient to outweigh the gravity of the allegations against the petitioner.

10.

Prima facie, the allegations against the petitioner pose a direct and severe threat to the sovereignty and security of the State. Therefore, in view of the serious and grave allegations, this Court does not deem it fit to accept the prayer of the petitioner.

11.

Accordingly, the instant petition is hereby dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) January 09, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No