← Library
High Court of Punjab and HaryanaCRM-M/33943/2025allowed

Karan Singh Alias Suraj v. State Of Punjab

2025-07-08Mr. Justice Harpreet Singh Brar4 pages

  

        CRMM339432025 Date of decision: 08.07.2025 Karan Singh alias Suraj ....Petitioner

Versus

State of Punjab

...Respondent

         

 Mr. Rahi Mehra, Advocate for the petitioner.

Mr. Nitesh Sharma, DAG, Punjab.

     !

"

The present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing FIR No.23 dated 20.02.2025 (Annexure P1) under Sections 109/190/191(3)/333/61(2) of BNS and Sections 25/27 of Arms Act registered at Police Station Jandiala, District Amritsar Rural.

Briefly the relevant facts are that one Balwinder Singh made a police complaint on 20 February 2025, alleging that on 19 February, 2025 at around 10 p.m., he was resting in his house. Meanwhile Goldy, having , Karan Singh (petitioner herein), having pistol, Khushdil Singh Khushya , having , Suraj, having pistol, along with four or five other unknown persons, having  and sharp edged weapons, forcibly entered his house and started claiming that let complainant come out, and be taught lesson for fighting or entering into dispute with accused Sarabjeet Kaur @ Sonia. When he came out, then Goldy hit him three times on his head, due to which he

## fell down. Then all these persons keep on causing injuries with  and sharp edged weapons upon him, and he suffered multiple injuries. He raised noise for help and forcibly entered the room of his house. Thereafter Karan Singh @ Kira and Suraj started firing upon him, which did not hit him. Ultimately, seeing that many people gathered at the spot, they fled away from the spot. Reason for attack was that his relatives Sandeep Singh had earlier lodged an FIR against these persons. At that time complainant was also against these persons. Under that motive, these persons have tried to kill complainant. This entire incident has been executed by these persons at the instance of accused Sarabjeet Kaur  Soni.

Injured was admitted in the civil hospital, where MLR was obtained. Accordingly, FIR   was registered. Learned counsel for the petitioner,      contends that although, the petitioner is named in the FIR   but he is not alleged to have caused any injury. Further, the injury on the head of the complainant is specifically attributed to coaccused Goldy. Furthermore, the alleged incident had taken place on account of motive attributable to coaccused Sarabjit Kaur @ Sonia, who has been granted the concession of anticipatory bail by this Court vide order dated 15.05.2025 passed in CRMM200042025 titled as '    '. Learned counsel submits that the offence under Section 109 of BNS, 2023 has been added without obtaining any opinion from the doctor regarding the nature of injuries. He further submits that identically placed coaccused, namely, Khushdil Singh alias Khushian, has been granted the concession of regular bail by this Court vide order dated

#$# 13.05.2025 passed in CRMM248192025 passed in '       ' (Annexure P3).

The learned State counsel has filed custody certificate in the Court today which is taken on record and per contra, opposes the grant of regular bail to the petitioner on the ground that the petitioner was specifically named in the FIR   and has actively participated in the alleged incident and was armed with a pistol Further, the petitioner is involved in other cases as well. As such, the petitioner is not entitled to the concession of regular bail. A two Judge Bench of Hon'ble Supreme Court in '  

    !&"(&

'(, with respect to prevailing conditions of undertrial prisoner in India has observed:    

     

  !

!

     ! "  #$%  "       !        

  &    ! '  



("'"'  )

  *            ! + 

!

(    !   

!

   )

 '

     '       '         !  "

  (  !    

!

     '" ' ", ) '- ( !

 ' . "  ()  ! 

(         )    

!'(        !        !  "

      ! "

 '(     '

 "!!'(  ! 

)   "

    !

  ! !

 '

  ! / Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bars since 09.03.2025 and identically placed coaccused, namely, Khushdil Singh alias Khushian, has been granted the concession of regular bail by this Court vide order dated 13.05.2025 passed in CRMM248192025 passed in '       ' (Annexure P3). Final report under Section 173 Cr.P.C. has not been presented yet, as such, the trial of the case has not started. The culpability, if any, would be determined at the time of trial. No

## useful purpose shall be served by further detention of the accused/petitioner. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India.

Keeping in view the law laid down by the Hon'ble Supreme Court of India in ' 

  

   ' 2020 (1) R.C.R.

(Criminal 831) and   



! 

  

 

 ", 2012 (2) SCC 382, the involvement of the petitioner in other cases would not be a ground to refuse grant of concession of regular bail. In view the above, the present petition is allowed. Thus, without commenting upon the merits of the case lest it may prejudice the outcome of the trial, the petitionerKaran Singh alias Suraj is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. !     "

   &)&*&'

 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No