Mandeep Singh Alias Kinder v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 26.05.2026 MANDEEP SINGH @ KINDER ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Ms. Arti Kaur, Advocate for the petitioner.

H.S. Grewal, J.(Oral) 1.

This petition has been filed under section 483 B.N.S.S. (earlier 439 Cr.P.C.) for grant of regular bail in case FIR No. 51 dated 02.06.2021 under Sections 302,201,34 IPC read with Sections 103,238,3(5) of BNS, 2023 registered at Police Station- Behram District SBS Nagar. 2.

The case of the prosecution is that the petitioner used to visit the house of the deceased and developed illicit relations with Jasmeen, step daughter of the deceased and when the deceased came to know about this fact, he gave a warning to the petitioner, on account of which, the petitioner had a grudge against the deceased. On 15.05.2021, petitioner alongwith his friend Manjot came to the house of the deceased at about 05:00 P.M and they gave threats to the deceased concerning above said Jasmeen and on the next day, deceased went missing from his house. It is further alleged that the petitioner placed a plastic water pipe around the neck of the deceased and strangulated him with the same.

-23.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that the alleged recovery of the plastic water pipe, purportedly used in the commission of the offence, has been planted upon the petitioner and that the same does not conclusively connect him with the alleged crime. Learned counsel further submits that the alleged recovery was effected from an open and accessible place and, therefore, cannot be said to be an incriminating circumstance exclusively attributable to the petitioner. It is further submitted that the petitioner has been in custody since 02.06.2021 and, therefore, ld. counsel prays for the grant of regular bail.

4.

Notice of motion.

5.

Mr. P.S.Pandher, Asstt.AG Punjab accepts notice on behalf of the respondent-State and has vehemently opposed the prayer for grant of regular bail on the ground that the allegations against the petitioner are serious in nature. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner has been in custody for the last 04 years 11 months and 17 days. 6.

I have heard the submissions made by the parties and gone through the record.

7.

After hearing the rival contentions and considering the fact that in the case in hand, the petitioner is in custody for the last 04 years 11 months and 17 days coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by

-3further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. 8.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

9.

Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

10.

It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 26.05.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No