Kuldeep Singh v. State Of Punjab
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision : 01.12.2025 Kuldeep Singh .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***** Present :- Mr. Chandan Singh Rana, Advocate;
Mr. A. S. Mann, Advocate and Ms. Sonia Parmar, Advocate for the petitioner.
Mr. Amit Kumar Goel, AAG, Punjab.
**** RAJESH BHARDWAJ , J. (Oral) CRM-16714-2025 Allowed as prayed for.
CRM-M-22213-2025 1.
Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.170, dated 08.10.2024, under Sections 109, 115(2), 191(3) & 190 of BNS and Section 25 of Arms Act, registered at Police Station Sidhwan Bet, District Ludhiana Rural. 2.
Succinctly the facts of the case are that FIR in the present case got registered on the statement of complainant, namely, Balvir Singh. It was alleged that on 06.10.2024, at about 09:30 P.M., when he was
-2returning to his house, then, Gurdeep Singh, Sandeep @ Singh Goli, Ghughi, Harmesh Singh @ Messi, Kuldeep Singh (petitioner), Gora, Suraj along with two unknown persons came there on three different motorcycles and started beating the complainant. Suraj Singh came to him and started beating the complainant and Gurdeep Singh by taking out desi katta from his pocket, threatened to kill the complainant. Sandeep Singh @ Goli was armed with pistol and he fired a shot in the abdominal of the complainant, on which he fell down. All the assailants on seeing people gather, fled away from the place of occurence on their motorcycles. Request was made to take legal action against all the accused persons. On registration of the FIR, the investigation commenced. During the investigation, petitioner was arrested on 20.12.2024.
The petitioner approached the Court of learned Additional Sessions Judge, Ludhiana praying for grant of bail. However, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Ludhiana, dismissed the bail application filed by the petitioner vide order dated 28.01.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for grant of bail. 3.
Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that neither the petitioner was armed with any weapon nor he has caused any injury to the complainant. He has submitted that no specific injury has been attributed to the petitioner. He has further submitted that there is a delay of 02 days in lodging the FIR. He has submitted that the petitioner is behind bars since the date of his arrest i.e.
-320.12.2024. He, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the co-accused, namely, Harmesh Singh @ Messi and Gurdeep Singh. He has drawn the attention of this Court to the orders dated 17.07.2025 and 05.08.2025 passed in CRM-M No.24220 of 2025 and CRM-M No.40738 of 2025, whereby, co-accused, namely, Harmesh Singh @ Messi and Gurdeep Singh have been granted regular bail by this Court. He has submitted that on the basis of the parity, the petitioner deserves to be granted bail as the case of the petitioner is similar to that of the said co-accused, who have already been granted bail. 4.
Per contra, learned State counsel has opposed the submissions made by learned counsel for the petitioner, however, he has endorsed the factum of grant of bail to the co-accused of the petitioner as stated above and has not denied that the petitioner is at par with the coaccused, namely, Harmesh Singh @ Messi and Gurdeep Singh. He has produced custody certificate of the petitioner today in the Court, which is taken on record.
6.
Heard.
7.
On hearing counsel for the parties and perusing the record, it is deciphered that the petitioner was allegedly part of the unlawful assembly. The petitioner is behind bars since the date of his arrest, i.e. 20.12.2024. Custody certificate produced would show that the petitioner has suffered incarceration of 11 months and 09 days as on 29.11.2025. It further reflects that the petitioner is also punished under the Jail offence, however he has already undergone the sentence. Co-accused of the petitioner, namely, Harmesh Singh @ Messi and Gurdeep Singh have
-4already been granted bail by this Court vide orders dated 17.07.2025 and 05.08.2025, respectively.
8.
The veracity of the allegations and counter allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient long time. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner on parity. 9.
Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case.
(RAJESH BHARDWAJ) 01.12.2025 JUDGE rittu Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No