Bikramjeet Singh Alias Bikka Alias Gora v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 05.03.2026 BIKRAMJIT SINGH @ BIKKA @ GORA ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM :

HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Amit Agnihotri, Advocate for the petitioner. (Through video conferencing) Mr. Rishabh Singla, AAG, Punjab.

H.S. Grewal, J.(Oral) 1.

This petition has been filed under Section 483 of the BNSS, 2023 for grant of regular bail to the petitioner in FIR No. 54 dated 25.04.2021 under Sections 21(c), 25, 29 of NDPS Act registered at Police Station, Special Task Force, SAS Nagar (Mohali) 2.

The case of the prosecution is that a secret information was received to the effect that Gurwinder Singh @ Gindu and his brother-in-law Karam Singh @ Kamma, who were earlier confined in jail in a case under the NDPS Act, had ordered a consignment of heroin from across the border. It was further informed that the said consignment of heroin had been concealed by Karam Singh in the dickey of a scooter parked at the house of his sister, namely Manjit Kaur @ Komal @ Meeta, and that they were preparing to move the same to some other place. Acting upon the said information, a raid was conducted at the house of Manjit Kaur, where one Activa scooter was found parked in the backyard of the house. Upon search of the said scooter, 03 packets of heroin weighing 03 kg 244 grams were recovered from its dickey.

-2The said scooter was found to be registered in the name of Karam Singh. Thereafter, accused Karam Singh suffered a disclosure statement to the effect that Gurwinder Singh @ Gindu had come to him with heroin belonging from Pakistan, which was packed in a bag, and that they had gone to Tarsem Singh, the uncle of Gurwinder Singh. Subsequently, Tarsem Singh was arrested in the present case. During the course of further investigation, the co-accused namely Gurwinder Singh @ Gindu and Soni Singh @ Soni were arrested. Gurwinder Singh @ Gindu suffered a disclosure statement to the effect that the petitioner had talked to a Pakistani smuggler, namely Aashiq, and that the said smuggler had sent 24 kg of heroin in the area of BOP Panj Girahiyan through a pipeline across the border wires. It was further disclosed that he had brought the said 24 kg of heroin from that place to his house, out of which 05 kg of heroin was given to accused Karam Singh and Tarsem Singh, and the remaining 19 kg of heroin was given to co-accused Satnam Singh @ Satta @ Panni. 3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has been nominated on the basis of disclosure statement made by co-accused namely Gurwinder Singh. He further submits that after completing the investigation, the petitioner along with co-accused Satnam Singh and Soni Singh, was placed in column No.2, as they were found to be innocent. Subsequently, the petitioner was proposed to be discharged by the DSP STF Border Range, Amritsar. He further submits that the petitioner was in custody when the recovery had taken place and other co-accused have already granted the concession of regular bail by Co-ordinate Bench of this Court.

4.

Notice of motion.

-35.

Mr. Rishabh Singla, AAG, Punjab accepts notice on behalf of respondent-State and has vehemently opposed the prayer made by learned counsel for the petitioner for the grant of regular bail. He has filed the custody certificate as well as reply by way of affidavit of Kapil Kaushal, PPS, Deputy Superintendent of Police, Anti Narcotics Task Force, Border Range, Amritsar in the Court today and the same are taken on record. As per the custody certificate, the petitioner is in custody for the last 05 months and 22 days and is involved in 17 more cases.

6.

I have heard the submissions made by the parties and gone through the record.

7.

Keeping in view the facts and circumstances of the case, and the fact that there is not much evidence to support the case of the prosecution regarding the alleged consignment of 25 kg of heroin smuggled into India through the Pakistan border; as per the FIR, the petitioner and his co-accused were allegedly operating from jail, which itself has not been explained as no mobile phone or other communication device has been recovered. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the alleged recovery; the petitioner is in custody for the last 05 months and 22 days; the trial is yet to commence and is likely to take a considerable time to conclude. Therefore, no useful purpose would be served by further incarceration of the petitioner. Hence, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial. 8.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular

-4bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

9.

Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

10.

It is clarified that if while on bail so granted through the instant order, the petitioner is found indulging in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 11.

Pending applications, if any, shall also stand disposed of. 05.03.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No