Gurpreet Singh Alias Motu v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: January 15, 2025 Gurpreet Singh @ Motu ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Arpandeep Narula, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana assisted by SI Banwari Lal.

**** SANJAY VASHISTH, J.

1.

The instant petition has been filed under Section 483 of the BNSS, 2023, for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner FIR No.

Date Section(s) Police Station District Gurpreet Singh @ Motu s/o Jagdish 24.10.2024 109(1), 115, 190, 191(3), 324(4) of BNS, 2023 [S. 117(2) of BNS, 2023, added later on] Odhan Sirsa 2.

Learned counsel for the petitioner submits that the petitioner and the complainant - Karamvir @ Karni, are residents of the same

village. Had the petitioner been present at the time of incident, as explained in the FIR, the complainant would have named him also. Further submits that involvement of the petitioner has emerged from the disclosure statement of one of the co-accused, namely, Gursimran @ Guru, who is a juvenile. No specific injury has been attributed to the petitioner, and he is inside jail since 26.10.2024. 3.

On advance notice, Mr. Vikas Bhardwaj, Assistant Advocate General, Haryana, caused appearance and produces the custody certificate, dated 15.01.2025, in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the learned counsel for the petitioner. On instructions from SI Banwari Lal, learned State counsel submits that investigation in the present case is complete and final report (challan), under Section 193 BNSS, 2023 (S. 173 of Cr.P.C.), is likely to be submitted to the Court very soon. Regarding involvement of the petitioner in the present case, learned State counsel submits that after recording of the statement of the petitioner, one Danda has been recovered. Also submits that apart from the present case, the petitioner is involved in other four cases and in one of the case he has already been acquitted. As per the custody certificate, in the present case, petitioner has already undergone 02 months and 19 days period inside jail. 4.

After hearing the submissions and examining the record, I deem it appropriate to consider the plea of bail of the petitioner, as his liberty is involved. No specific injury has been attributed to the

petitioner. Investigation is complete and final report is likely to be filed very soon.

5.

In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner. 6.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

7.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

8.

The observation made hereinabove shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.

9.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE January 15, 2025 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO