Karan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M- 13689-2026 KARAN . . . Petitioner(s)

Versus

STATE OF PUNJAB . . . Respondent(s) CRM-M- 15889-2026 GAGANDEEP SINGH @ GAGAN . . . Petitioner(s)

Versus

STATE OF PUNJAB . . . Respondent(s) Decided on :04.05 .2026

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Amandeep Singh Manaise, Advocate, for the petitioners (in both the cases).

Mr. Vinay Malhotra, DAG, Punjab.

SANJAY VASHISTH , J. (Oral) 1.

By way of this common order, both the aforementioned two petitions, i.e. CRM-M-13689-2026 and CRM-M-15889-2026 are being disposed of, as they arise out of one common FIR. 2.

Petition, i.e. CRM-M-13689-2026 is filed by the petitioner - Karan, seeking grant of regular bail, in case, FIR No.18, dated 09.03.2025, under Sections 103(1), 3(5), 61(2), 254, 249, 247, 262, 111 of BNS (corresponding to sections 302, 34, 120-B, 216A, 212, 210, 224

of IPC) and sections 25, 54, 59 of Arms Act, registered at Police Station Mehta, District Amritsar Rural.

Petition, i.e. CRM-M-15889-2026 is filed by the petitioner - Gagandeep Singh @ Gagan, seeking grant of regular bail, in case, FIR No.18, dated 09.03.2025, under Sections 103(1), 3(5), 61(2), 254, 249, 247, 262, 111 of BNS (corresponding to sections 302, 34, 120-B, 216A, 212, 210, 224 of IPC) and sections 25 and 27 of Arms Act, registered at Police Station Mehta, District Amritsar Rural. 3.

As per the case of the prosecution, complainant Gurwinder Singh got the present FIR registered stating that on 08.03.2025, a langar was organized for the village community, in which he along with his brother Varinder Pal Singh @ Vicky was serving as a volunteer. At about 2:35 p.m., three young men arrived on a motorcycle with their faces uncovered. After stopping the motorcycle, the two pillion riders allegedly pushed Varinder Pal Singh @ Vicky to the ground, and thereafter all three of them started firing at him while he was lying on the ground. On the third day of investigation, i.e., 10.03.2025, secret information was received regarding the involvement of certain persons in the crime, namely:(i) Baljinder Singh @ Dony,(ii) Jobanjit Singh @ Billa Arjan Manga,(iii) Manu,(iv) Kaushal Chaudhary,(v) Joban Saidoke,(vi) Prabh Dasuwal, (vii) Gurwinder Singh @ Faridi,(viii) Gagandeep Singh @ Daddi,(ix) Ratandeep Kumar, and (x) Pardeep Kumar.

After the arrest of accused Pardeep Kumar on 10.03.2025, and on the basis of his disclosure statement, Kawaljeet Kaur, Amrik Singh, and Anshuman @ Danish were also implicated. On 11.03.2025, a supplementary statement under Section 161 Cr.P.C. of complainant Gurwinder Singh was recorded, wherein three more persons, namely Sukhwinder Kaur, Kulwant Singh, and Sarabjit Singh, were also arrayed as accused.

It is informed by learned counsel for the petitioners that through the supplementary statement dated 11.03.2025, total 13 accused were named, and during the course of investigation, as many as 33 persons were ultimately arrayed as accused.

During investigation, it further surfaced that the persons who allegedly fired collectively upon deceased Varinder Pal Singh @ Vicky were:(i) Bikramjit Singh, (ii) Sharanjeet Singh, and (iii) Bishambarjit Singh (who has since expired).

4.

Learned counsel for the petitioners argue that none of the present petitioners are alleged to have been present at the spot at the time of occurrence. Three persons allegedly involved in the actual firing, namely Bikramjit Singh, Sharanjeet Singh, and Bishambarjit Singh (since deceased), are not the petitioners before this Court. Consequently, said accused namely Sharanjit Singh alias Sharan was arrested on 28.03.2025, who disclosed the names of Gurwant Singh @ Gattu, Karan (petitioner in CRM-M-13689-2026) and Simranjit

Singh @ Simran Nihang. On this basis, petitioner - Karan was nominated as accused in the FIR, vide rapat No.26 dated 03.04.2025. Similarly, after the arrest of Bikramjit Singh alias Bikka, his disclosure statement was recorded on 17.04.2025, by nominating Gagandeep Singh @ Gagan (petitioner in CRM-M-15889-2026) as accused in the present case, vide rapat No.22 dated 17.04.2025. 5.

Counsel for the petitioners further submit that there were only two material witnesses, namely complainant Gurwinder Singh and Mehnga Singh, and both have resiled from their earlier statements while deposing on oath before the Court.

To substantiate this submission, copies of the statements of complainant-Gurwinder Singh (PW1) dated 05.02.2026 and Mehanga Singh (PW-2) dated 05.02.2026 were annexed as Annexures P-3 and P-4 in the present petitions.

6.

Counsel for the petitioners submits that co-accused namely Kanwaljit Kaur, Amrik Singh, Pardeep Kumar, Anshuman @ Danish, Sukhwinder Kaur, Kulwant Singh and Sarabjit Singh, have already been granted the concession of regular bail by this Court, vide common order dated 26.02.2026 (Annexure P-5).

7.

On the other hand, learned State counsel does not dispute the aforementioned factual position, including the role attributed to the accused persons. He is also unable to controvert the submission that the

material witnesses, namely Gurwinder Singh and Mehnga Singh, have turned hostile and have not supported the case of the prosecution. 8.

I have heard learned counsel for the parties and perused the paper-book as well as the documents appended thereto. 9.

Primary allegations of firing are against accused Bikramjit Singh, Sharanjeet Singh, and Bishambarjit Singh (since deceased). Present petitioners are not alleged to have been present at the place of occurrence. The case against them is primarily based on the disclosure statements made by the co-accused, which are itself inadmissible in the eyes of law.

It is also a matter of record that the two material witnesses have turned hostile and have not supported the prosecution case. Furthermore, petitioners are in custody since April, 2025, i.e., for approximately one year and one month, and the trial is likely to take considerable time to conclude.

Moreover, co-accused namely Kanwaljit Kaur, Amrik Singh, Pardeep Kumar, Anshuman @ Danish, Sukhwinder Kaur, Kulwant Singh and Sarabjit Singh, have already been granted the concession of regular bail by this Court, vide common order dated 26.02.2026 (Annexure P-5). In view of the above facts and circumstances, this Court finds merit in the prayer made by the petitioners. 10.

Accordingly, both the present petitions are allowed. Both the petitioners namely Karan and Gagandeep Singh @ Gagan are ordered

to be released on bail, subject to their furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 11.

Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible in accordance with law. 12.

Both the petitions stand disposed of.

13.

A photocopy of this order be placed on the file of other connected case.

(SANJAY VASHISTH) JUDGE 04.05.2026 Lavisha Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No