Gurtej Singh @ Cheena @ China v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 29.5.2026 Date of uploading: 29.5.2026 Gurtej Singh @ Cheena @ China ....Petitioner V/s State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Tarun Singla, Advocate for the petitioner(s). Mr. Baljinder Singh Sra, Addl. AG, Punjab.

***** SUMEET GOEL , J. (ORAL) 1.

Present petition has been filed under Section 483 of BNSS 2023 for grant of regular bail to the petitioner in case bearing FIR No.10 dated 23.02.2025, under Sections 109, 115 (2), 118 (1), 3 (5), {118 (2), 117

(2) added later on} BNS 2023, at Police Station Sangat, District Bathinda 2.

The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:- "Copy Statement, 'Statement of Gurdeep Singh son of Sewak Singh son of Bachittar Singh resident of Dharamshala Wali Gali, Village Mehta aged about 45 years, Mobile No. 97793-48932. Stated that I am the resident of the said address. I drive an auto rickshaw in Bathinda city. I have been married to Manpreet Kaur for about 25 years. I have three daughters and a son, Jashandeep Singh, who is studying in +1 Class. Yesterday, on dated 22.02.2025, I had come home from work at around 06.00 p.m. my father Sewak Singh who lives with me, was coming home at around 07.00 pm. On dated 22.02.2025, so, in front of our house, near the sewerage drain, three boys named Sukhjit Singh @ Gaggi son of Gurtej Singh @ Teja, Gurtej Singh @ Cheena son of Avtar Singh and Manpreet Singh @ Gurpiyas Singh son of Darshan Singh resident of Village Mehta were lying in a state of

P a g e | 2 intoxication and their motorcycle was also lying near them. My father came and told us about this, so we all know that as much as I myself, my father Sewak Singh, my mother Gurmail Kaur, my wife Manpreet Kaur, my son Jashandeep Singh and my sister-inlaw Sukhpreet Kaur wife of Satpal Singh and we went to pick up these boys from the drain, but when we picked them up, these three boys abused us and when I tried to stop them, then Sukhjit Singh @ Gaggi slapped me and then they left the spot with their motorcycle while abusing all of us. We were all standing outside our house in the street. So after about 10 minutes, these three boys returned on their same motorcycle with their weapons.

Then these three boys returned to the motorcycle so among them, Sukhjit Singh @ Gaggi and Gurtej Singh @ Cheena had a Kirpan and Manpreet Singh @ Gurpiyas Singh had the lawn rake, so among them, Sukhjit Singh @ Gaggi and Gurtej Singh @ Cheena challenged and said that they are enjoying abusing each other, then Manpreet Singh @ Gurpiyas Singh hit me on the head with the back of his lawn rake and while defending myself, I put my left arm forward which hit the outer side of the left arm below the knee and I fell face down. As I fell, Gurtej Singh @ Cheena struck me with his hand-held kirpan with the intention of killing me, which hit the back of my head, then, as I fell, Sukhjeet Singh @ Gaggi struck me with his hand-held kirpan, which hit below my left knee.

Manpreet Singh @ Gurpiyas Singh swung his lawn rake at me, which hit my right thigh. Then Sukhjit Singh @ Gaggi swung his kirpan at me as I fell, hitting me on the right side of my chest. So when I tried to save my family from all these people, these three boys attacked my family with their weapons, cutting off the left wrist of my son Jashandeep Singh and he suffered may more grievous injuries. My wife Manpreet Kaur suffered injuries to her fingers and neck, as well as many other injuries. My mother Gurmail Kaur suffered serious injuries to her head, and my sister-in-law Sukhpreet Kaur wife of Satpal Singh suffered serious injuries. And we were all shouted at by the people, and then seeing people gathering in the street, these three boys, each with their weapons, left the scene on their motorcycles.

Then my brother Satpal Singh son of Sewak Singh called the ambulance and through the ambulance, my brother Satpal Singh got all of us admitted to Sharda Hospital, Bathinda, where we were all admitted. The reason for this enmity is that these three boys were in a state of intoxication and had fallen into the sewer in front of our house. We had picked them up to save them. They became our enemies and started a fight. When we tried to stop them they conspired and attached us with sharp weapons with the intention of killing us. Appropriate legal action should be taken against them. I have written a statement and I have heard it and correct it. Correct/-Gurdeep Singh, Correct Verification/- Jagroop Singh ASI Police Station Sangat, Dated 23.02.2025." 3.

Learned counsel appearing for the petitioner has argued that the petitioner is in custody since 06.10.2025. Learned counsel appearing for the petitioner has further argued that the petitioner has been falsely

P a g e | 3 implicated into the FIR in question. Learned counsel has further urged that, in any case, all injured including the FIR-complainant stand examined and they have been discharged from the hospital after medical treatment. Learned counsel has further submitted that the petitioner is in custody for more than seven months. Thus, regular bail is prayed for. 4.

Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 28.05.2026 in Court, which is taken on record.

5.

I have heard counsel for the rival parties and have gone through the available records of the case.

6.

The petitioner was arrested on 06.10.2025 whereinafter investigation was carried out and challan was presented on 03.02.2026. Total 21 prosecution witness have been cited, out of which six have been examined till date. It is not in dispute that all prime private witnesses including the injured stand examined. The rival contentions of the learned counsel for the parties, shall be gone into during the course of the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioners absconding from the process of justice or interfering with the prosecution evidence.

6.1 As per custody certificate dated 28.05.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 7 months and 19 days & is not shown to be involved in any other case.

P a g e | 4 Suffice to say, the further detention of the petitioners in custody is not required in the facts and circumstances of the case. 7.

In view of the above, the petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

8.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioners.

9.

Ordered accordingly.

P a g e | 5 10.

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

11.

Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. (SUMEET GOEL) JUDGE May 29, 2026 jatin Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No