← Library
High Court of Punjab and HaryanaCRM-M/57152/2024allowed

Gaganpreet Singh v. State Of Punjab

2024-11-22Mr. Justice Sumeet Goel4 pages





    

  

 

  

!"

#$%$!&'

(( 

GAGANPREET SINGH ((  $$!& )

*%( STATE OF PUNJAB

(( %+!&, &  '

 -. ( /

/  .

Present:

Mr. Amit Kumar Saini, Advocate for the petitioner. Mr. Yuvraj Singh Tiwana, Asstt. A.G., Punjab. ...

/  .

(

) 1 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.0066 dated 23.05.2024, registered for the offences punishable under Sections 363 and 3664A of IPC, 1860 (Sections 1204B and 201 of IPC, 1860 added later on) at Police Station Machhiwara Sahib, Police District Khanna, District Ludhiana.

2.

The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:4 " 



   

   

  

 









   !

 "#$%&'( )#     * 

 + ,   

  - 

 

* , 



      !   & !

.& "&)")//(0 !          # 

 1 

   2    "   !

   !    

*!  

    !   *

 ,+    !   &&3  

 *-    !

 !    

        - !        !!3

+ 

    

  -  

  









   + 4 

   



++ +

 -"5  ,66  7

   

   

  ++ +

       -     

"

    

  



"8'



  8',  3*  

 

 )"/ ")/)$"9 3.

Learned counsel for the petitioner has argued that the petitioner is in custody since 27.05.2024. Learned counsel for the petitioner has further argued that the petitioner is a young man aged 19 years with no criminal antecedents. Learned counsel for the petitioner has iterated that the prime allegations against the petitioner, as decipherable from the challan in question is that he had helped the main accused, namely, Arshdeep Singh, who enticed away the victim. Learned counsel for the petitioner has further iterated that the petitioner has been falsely implicated into the FIR in question only on account of his alleged friendship with the main accused, namely, Arshdeep Singh. Learned counsel for the petitioner has submitted that the said main accused, namely, Arshdeep Singh has been granted the concession of regular bail by this Court vide order dated 29.10.2024 passed in CRM4M45298742024 (Annexure P44). 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 27.05.2024 whereinafter investigation was carried out & challan was presented on 10.07.2024. Total 12 prosecution witnesses have been cited and none has been examined till date. The rival contention of the learned counsel for the parties; as to whether the petitioner has been falsely implicated into the FIR in question

and the exact role of the petitioner and evidence against the petitioner which has surfaced during the course of investigation3 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 prosecution evidence. As per the custody certificate dated 21.11.2024 filed by the learned State counsel, the petitioner has suffered incarceration for more than 05 months 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:4 (i) The petitioner shall not mis4use 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 cell4phone 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. (( 

/  . :  

 

Whether speaking/reasoned Yes No Whether reportable Yes No