Harpreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 28.04.2025 Harpreet Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. R.S. Dhillon, Advocate for the petitioner.

Mr. Akshay Kumar, AAG, Punjab **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 07.08.2021 Balianwali, District 379B, 324 & 34 IPC (326 Bathinda, Punjab IPC added later on vide Rapat No.15 dated 18.09.2021) 1.

The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 BNSS, seeking regular bail. 2.

As per custody certificate dated 26.04.2025, the accused has the following criminal antecedents:

Sr. No.

FIR No.

Date Offenses Police Station 26.08.2021 379B IPC Boha 12.03.2024 379B/34 IPC and 25/54/59 of Arms Act Nathana 15.11.2023 379B, 323, 341, 427, 34 IPC Nehianwala 12.03.2024 457, 380, 511 IPC Nathana 3.

The facts and allegations are being taken from translated copy of FIR, which reads as follows:

"Statement Palwinder Singh Son of Jagjit Singh Resident of Bambiha Age 22 Years Mobile No. 98152-81488 stated that I am a resident of the said address and working in Bharat Finance Company Maharaj Basti Rampura Phool for about 2 years as Sangam Manager but our work is to

form committees in the village (forming small groups) of women and provide loans to the group of women. Which we collect through weekly instalments. That on 05-08-2021 I on a motorcycle number PB 03 H 6272 brand deluxe color black and red went to village Bunder at around 7:30 in the morning to collect the payments from the groups from their home and centres and collected different instalments of Rs.1500, Rs.1000 from one member and Rs.50000 from Centres, which totalled around Rs. 1,50,000. Which I put all the money in my black kit and other documents of the company were also inside the kit, then at around 3.

30 PM (afternoon) along with Manjot Singh alias Jot son of Saddagar Singh resident of Bhundar as helper of Manjit Singh alias Jot and Manjot Singh alias Jot was driving the motorcycle number PB 03H 6272 and I was holding the kit behind the motorcycle when we were going to village Bhundar on the paved road to Rampura Phul, about a Kilometer away from Bhundar village. And the unknown person riding the motorcycle behind us came and hit the Motor cycle and both of them fell down there and the unknown person riding the other motorcycle who had his face muffled, hit my kit with a sharp weapon held by his side and punched me and pulled the kit of payment and that hit me on my back through the kit. I stopped the motorcycle there for my own protection and started to throw a brick at them.

Then they gave injuries on my right hand with sharp weapon and due to which I had a cut on my right hand. We made a lot of noise so the four unknown persons snatched the money kit and bet themselves on their motorbikes showing us pistols and threatening us out of them one went towards a Bhundar side and the other ran away on motorcycle towards Rampura side. Thereafter Manjot Singh arranged a vehicle and got me admitted at Apex Hospital Rampura. The said motorcyclist, unknown persons, took the money kit containing about Rs. 1,50,000 and other documents from me by giving injuries. Doctors of Apex hospital gave me first aid and referred me to higher hospital, I am admitted to max hospital and I am getting my treatment. The appropriate legal action should be taken against the unknown persons."

4.

The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5.

The State's counsel opposes bail based on instructions. 6.

There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, per paragraph 11 of the bail petition, the petitioner has been in custody since 18.07-2024. As per the custody certificate dated 26.04.2025, the petitioner's total custody in this FIR is 09 months & 08 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage.

7.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.

8.

Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 9.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1.

AADHAR number 2.

Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3.

Mobile number (If available) 4.

E-Mail id (If available) 10.

This order is subject to the petitioner's complying with the following terms. 11.

The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

12.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

13.

A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 14.

Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 28.04.2025 anju rani Whether speaking/reasoned: Yes Whether reportable:

No.