Kushdeep Singh Alias Kush v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 11.11.2025 Kushdeep Singh @ Kush ..... Petitioner

Versus

State of Haryana .......Respondent

CORAM:

HON'BLE MR. JUSTICE RAJESH BHARDWAJ *****

Present:

Mr. Gaurav Vir Singh Behl, Advocate for the petitioner.

Mr. Sumit Jain, Addl. A.G., Haryana with Ms. Diya Sodhi, Sr. DAG, Haryana.

***** Rajesh Bhardwaj, J. (ORAL) 1.

Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.218, dated 29.07.2023, under Sections 307, 34, 120-B of IPC and Sections 25, 25(6), 25(7), 29-B of Arms Act (Sections 54, 59 of Arms Act added later on), registered at Police Station Sector-17, HUDA, Jagadhari, District Yamuna Nagar, Haryana. 2.

Succinctly, the facts of the case are that FIR in the present case was got registered on the statement of complainant, namely, Kamaldeep Singh Khabbal. It was alleged that his elder brother, namely, Satbir lives in Ireland, whereas, his second brother, namely, Baldeep lives in Australia. Baldeep was married with Arjinder Kaur in the year 2016. It was alleged that there was a matrimonial discord between his brother Baldeep and his wife and they got divorced in the year 2018. Baljinder Singh i.e. the brother-

-2in-law of his brother-Baldeep, nurtured grudge due to divorce between Baldeep and his sister. Hence, on 29.07.2023 at about 4:00 p.m., three persons entered in the garage of the complainant and started firing. His servant Raman suffered fire arm injury on his arm. On hearing the noise, the complainant also rushed there and three boys, who were armed with pistols, escaped on the motorcycle alongwith their respective weapons. The boy, who came out of the garage while running, appeared to be Baljinder Singh son of Pritam Singh. Raman, servant of the complainant suffered bullet injury on his right arm due to the fire shot made by Baljinder Singh and others. He was shifted to the hospital. Thus, the request was made to take legal action against the culprits. On registration of the FIR, the investigation commenced.

During the investigation, complicity of the petitioner was surfaced and thus, he was arrayed as an accused in the present case. Resultantly, the petitioner was arrested on 05.08.2023. The petitioner approached the Court of learned Additional Sessions Judge, Yamuna Nagar at Jagadhri praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri declined the bail application filed by the petitioner vide order dated 18.10.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of regular bail.

3.

Learned counsel for the petitioner, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the coaccused, namely, Harshdeep @ Aman, Baljinder Singh @ Balli and Kuldeep Singh @ Sanju @ Kaka. He has drawn the attention of this Court to the

-3orders dated 16.07.2025, 08.10.2025 and 09.10.2025, respectively, passed in CRM-M-16423-2025, CRM-M-55033-2025 and CRM-M-18091-2025, whereby, co-accused Harshdeep @ Aman, Baljinder Singh @ Balli and Kuldeep Singh @ Sanju @ Kaka have been granted regular bail by this Court. He submits that on the basis of the parity, the petitioner deserves to be granted bail as the case of the petitioner is similar to that of the said coaccused, who have already been granted bail. 4.

Learned State counsel has endorsed the factum of grant of bail to the co-accused of the petitioner as stated above and has not denied that the petitioner is at par with the co-accused, namely, Baljinder Singh @ Balli, Kuldeep Singh @ Sanju @ Kaka and Harshdeep @ Aman. He has produced custody certificate of the petitioner today in the Court and the same is taken on record.

5.

Heard.

6.

After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since 05.08.2023. Co-accused, namely, Baljinder Singh @ Balli, Kuldeep Singh @ Sanju @ Kaka and Harshdeep @ Aman are on bail and the case of the petitioner as stated is at par with them. Custody certificate produced would show that the petitioner has suffered incarceration of 02 years, 03 months & 05 days as on 10.11.2025. It further reflects that the petitioner is involved in 01 more case. 7.

This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner on

-4the basis of parity.

8.

Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case. However, if the petitioner does not furnish the bail bonds within seven days from today, then his further custody period after one week will not be counted in this case.

(RAJESH BHARDWAJ) 11.11.2025 JUDGE rittu Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No