High Court of Punjab and HaryanaCRM-M/35211/2025allowed

Gurlal Singh v. State Of Punjab

2025-07-17Mrs. Justice Sukhvinder Kaur4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.328 Case No. : CRM-M-35211-2025 Decided On : July 17, 2025 Gurlal Singh ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Jasdeep Singh Gill, Advocate for the petitioner.

Mr. Ravneet Singh Lekhi, AAG, Punjab.

* * * SUKHVINDER KAUR , J.

Prayer in the present petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for grant of regular bail to the petitioner, in case FIR No.101 dated 05.06.2025, under Sections 125/351(2)/351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 25, 27, 29(b), 30, 54, 59 of Arms Act, registered at Police Station Khemkaran, District Tarn Taran.

Briefly, the case of the prosecution is that Sewa Singh - husband of the complainant Kuldeep Kaur was working as a labour with the complainant, for the last 6/7 years. The house of the petitioner and complainant are in the same vicinity at some distance. On 05.06.2025, at about 12:00 PM, the petitioner came outside the house of the petitioner and started abusing and threatening them. When objection was raised by the complainant, then the petitioner did not stop and said that he would not pay

any dues to her husband. In a fit of anger, he went back and from the roof top of his house, started firing in the air with his .315 bore rifle. Learned counsel for petitioner contended that no offence, as alleged under the Arms Act, is made out against the petitioner and the remaining offences are bailable in nature. The petitioner has been falsely implicated in the present case. There is nothing outstanding towards the petitioner. In this context, he has also referred to the affidavit submitted by the complainant's husband (Annexure P-2), wherein he stated that the complainant has strained relations with her husband and a few days before the incident, she had come to the house of the petitioner asking for some money.

Her husband stopped the petitioner from giving any money to her, due to which there was a small commotion between husband and wife, after which the complainant left the house and thereafter, the petitioner was falsely implicated in the present case. He urged that the petitioner is having license for his .315 bore rifle and while the police was taking the rifle from the petitioner, from the almirah, one spent cartridge was also taken away by the police just to justify the concocted story of the complainant. He further submitted that the petitioner was arrested on 05.06.2025 and he is in custody since then. No other criminal case is pending against him. He further urged that as trial of the case is likely to take time, therefore, the petitioner be granted concession of regular bail.

While issuing notice of motion on 11.07.2025, respondent-State was directed to file Status Report and Custody Certificate, which have been filed today in the Court and the same are taken on record. Per Contra, learned State counsel opposed the bail petition while

contending that the petitioner abused and threatened the complainant and her family and also fired in the air to scare them. So, keeping in view the gravity of offence and seriousness of allegations, the petitioner does not deserve the concession of bail.

I have heard the learned counsel for the parties and have also gone through the case file.

As per the allegations, the petitioner abused the complainant, when the complainant demanded wages of her husband in lieu of serving as a labour for the petitioner. The petitioner also fired in the air to put them in fear. Learned counsel for the petitioner has placed on record affidavit of Sewa Singh (husband of the complainant), in which it has been deposed that nothing was outstanding against Gurlal Singh - petitioner and whatever money was to be given as wages to him, stood already cleared. Wife of deponent Sewa Singh was the trouble maker and had made hell the life of deponent. No such incident of abusing the complainant and family of deponent or issuing threats ever happened.

A few days before the incident, the complainant had come to the house of petitioner Gurlal Singh asking for some money, but the same was refused by Gurlal Singh on the asking of deponent and thus, the entire story was created only due to the said grudge. However, veracity of the said affidavit is a matter of trial. Otherwise also, .315 bore licensed rifle, allegedly used by the petitioner, had already been taken by the police into custody along with Arms License. Now, nothing is to be recovered from the petitioner. As per the Custody Certificate dated 14.07.2025, which has been placed on record, the petitioner has already undergone custody of 01 month and 07 days.

other criminal case has been registered against him. Presentation of challan and conclusion of the trial is likely to take considerable time. So, no useful purpose would be served by further detaining the petitioner behind the bars. Accordingly, the present petition is allowed and the petitioner is ordered to be admitted on regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned Trial Judge/Chief Judicial Magistrate/Duty Magistrate.

However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. July 17, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.