Dilpreet Singh v. State Of Punjab
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DILPREET SINGH (( $ $!& )
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Present:
Mr. G.S. Nahel, Advocate for the petitioner.
Mr. Anup Singh, AAG, Punjab.
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) 1 1.
Present petition has been filed under Section 483 BNSS for grant of regular bail to the petitioner in case bearing FIR No.27 dated 24.05.2023, registered for the offences punishable under Section 3042B of IPC (Section 4982A of IPC added later on) at Police Station Cheema, District Sangrur.
2.
The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:2 "
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3.
Learned counsel for the petitioner has argued that the petitioner is in custody since 25.05.2023. Learned counsel for the petitioner has
submitted that an application preferred by the prosecution under Section 319 Cr.P.C. was dismissed by the trial Court on 06.05.2024 whereinafter no prosecution witness has turned up for recording of testimony on 27.05.2024 as also on 13.08.2024. Learned counsel for the petitioner has argued that the prosecution/complainant is intentionally trying to delay the trial on account of which the petitioner is suffering further incarceration. Learned counsel for the petitioner has further argued that offence of Section 3042B of IPC is not made out against the petitioner in the factual matrix of the case. Learned counsel for the petitioner has further argued that the petitioner was granted interim bail by the ld. trial Court for one month on account of bad health of his ailing father and the same concession has never ever been misused by the petitioner and the petitioner had surrendered back in time. Thus, regular bail is prayed for.
4.
Learned State counsel has opposed the present petition arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. 5.
I have heard counsel for the parties and have gone through the available records of the case.
6.
The petitioner was arrested on 25.05.2023 whereinafter investigation was carried out & challan was presented on 28.09.2023. Total 31 prosecution witnesses have been cited out of which only the complainant has been examined in2chief whereinafter an application under Section 319 of Cr.P.C. was preferred by the prosecution which has been dismissed on 06.05.2024. No prosecution witness has appeared on 27.05.2024 as also on 13.08.2024. It would be apposite to refer herein to a judgment passed by the Hon'ble Supreme Court in a case of '
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The earlier/first bail petition filed by the petitioner was dismissed as withdrawn at that stage on 26.02.2024 since the complainant was yet to be examined as a prosecution witness. From the contentions raised by the learned counsel for the petitioner, it is indubitable, that after the dismissal of the application under Section 319 of Cr.P.C. on 06.05.2024, no prosecution witness much less the complainant has entered appearance (to be recorded as a prosecution witness) on 27.05.2024 as also on 13.08.2024. The petitioner, undoubtedly cannot be kept into indefinite custody on account of prosecution witnesses not turning up. The rival contention of the learned counsel for the parties; as to whether the offence of Section 3042B of IPC is made out against the petitioner in the factual matrix of the 2 shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at
this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the remaining prosecution evidence. As per the custody certificate dated 19.08.2024 filed by the learned State counsel, the petitioner has suffered incarceration for more than 1 year 1 month and 24 days & is not shown to be involved in any other case. Suffice to say further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the present case. 7.
In view of totality of factual matrix of the present case, the instant petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. 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:2 (i) The petitioner shall not mis2use 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 cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell2phone 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 petitioner.
9.
Ordered accordingly.
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. ( (
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Whether speaking/reasoned Yes No Whether reportable Yes No