Karanpreet Singh @ Giani @ Fateh @ Gurpreet Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

105+219 Date of Decision: 21.03.2023 Karanpreet Singh @ Giani @ Fateh @ Gurpreet Singh .... Petitioner

Versus

State of Punjab .... Respondent CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Navkiran Singh, Advocate for the petitioner. Mr. J.P. Ratra, Sr. DAG, Punjab.

ASHOK KUMAR VERMA, J. (ORAL) CRM-11852-2023 Application is allowed, as prayed for.

Copy of challan report dated 17.05.2022 and list of criminal cases registered against the petitioner as Annexures A-1 and A-2 are taken on record, subject to all just exceptions. Reply dated 21.03.2023, by way of affidavit of Sh. Nirmal Singh, Assistant Commissioner of Police (Central), Jalandhar along with custody certificate of the petitioner filed by learned counsel for the State is taken on record.

The petitioner has filed the present petition under Section 439 Cr.P.C., for grant of regular bail in case FIR No. 37 dated

-230.03.2021, registered under Sections 153-A, 386 and 504 IPC (Section 153-A IPC was dropped and Section 66 of the IT Act was added later on) at Police Station Division 2, District Police Commissionerate, Jalandhar.

Brief facts of the prosecution case are that the present case was registered on the basis of a secret information received by ASI Jaswinder Singh, CIA Staff, Jalandhar to the effect that one Gurpreet Singh @ Karanpreet Singh @ Fateh (petitioner herein) along with his companions, namely, Aman, Teenu, Baghi, Happy and others have formed a social media channel on You-tube under the name and style "Fateh Group Jalandhar". They used to give beatings to innocent persons with deadly weapons and insult them publically in order to extort money from them. They also prepare their videos and used to upload the said videos on their aforesaid You-tube channel.

Further, the news items published in the newspapers while they were giving beatings to the innocent people by uploading the same on the you-tube channel while playing songs and in those videos the petitioner used to show himself as gangster and there is fear of the petitioner in the minds of innocent persons. No one is trying lodge any complaint against the petitioner. Finding the aforesaid secret information to be trustworthy, ruqa was sent to the police station for registration of FIR. Learned counsel for the petitioner, inter alia, contends that the petitioner has falsely been implicated in the instant case. He has not committed any offence. Nothing has to be recovered from him. No overt act has been attributed to the petitioner.

-3153-A IPC have already been dropped by the police. There are only general and vague allegations against the petitioner. Petitioner is in custody since the date of his arrest. The trial is likely to take long time. No useful purpose will be served by further detention of the petitioner in custody. Thus, it is prayed that the petitioner may be granted the concession of regular bail.

On the other hand, learned State counsel vehemently opposed the submissions of learned counsel for the petitioner and submits that the petitioner along with his co-accused used to upload videos of innocent people and used to extort money from them. Accordingly, he prayed for dismissal of the present petition. Keeping in view the facts and circumstances of the case, custody period of the petitioner and the fact that proceedings under Section 153-A IPC have already been dropped by the police, but without commenting on merits of the case, I am of the considered view that the petitioner deserves the concession of regular bail. Therefore, the petition is allowed and petitioner-Karanpreet Singh @ Giani @ Fateh @ Gurpreet Singh, is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate concerned. March 21, 2023 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No