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High Court of Punjab and HaryanaCRM-M/71482/2025allowed

Sajan Singh Alias Sajjan Singh Alias Ninja v. State Of Punjab

2025-12-23Mr. Justice Aman Chaudhary4 pages

 CRM-M-71482-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-71482-2025 (O&M) Date of decision: 23.12.2025 Sajan Singh @ Sajjan Singh @ Ninja ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Priyanshu Kamra, Advocate, for the petitioner Mr. Jasjit Singh, DAG, Punjab ***** AMAN CHAUDHARY, J. (ORAL) 1.

Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.86 dated 14.06.2024, registered under Sections 307, 341, 324, 323, 148, 149 IPC and Section 25 of the Arms Act and later on added Sections 326 and 201 IPC and later on deleted section 25 of the Arms Act at Police Station City Fazilka, District Fazilka. 2.

Learned counsel contends that the petitioner, 23 year old, has been in custody for 4 months and 11 days. He submits that the injury attributed to the petitioner on the head was attributed to the other co-accused as well, who had been declared innocent, be that as it may the same is neither grievous nor dangerous to life. Two co-accused, Sonu and Mukesh Kumar @ Mukesh Chitte have been granted bail by this Court vide orders dated 30.10.2025 and 30.01.2025, Annexures P-2 and P-3 respectively and the other co-accused Kaka @ Loverpreet Singh has been granted bail by the learned trial Court itself vide order dated 11.08.2025, Annexure P-4. Challan was presented on 17.12.2025 and the charges are yet to be framed and in all there are 13 prosecution witnesses. He is involved in four more cases, wherein he is on bail. Reliance is placed on the judgment

 CRM-M-71482-2025 (O&M) 2 passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382. 3.

The custody certificate dated 23.12.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 4 months and 11 days.

4.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having inflicted injury to the complainant. However, he is unable to controvert the submissions with regard to stage of the case, co-accused enlarged on bail and the petitioner being on bail in other cases.

5.

Heard.

6.

Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (supra) had held that, "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court, etc." Reiterating in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was observed that, "The offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors by themselves cannot be the basis for refusal of prayer for bail." 7.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 4 months and 11 days; co-accused are on bail; on bail in other cases; challan stands presented on 17.12.2025; charges are yet to be framed, in all there are 13 prosecution witnesses, the trial is likely to take

 CRM-M-71482-2025 (O&M) 3 a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

8.

The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

9.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

 CRM-M-71482-2025 (O&M) 4 10.

In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

(AMAN CHAUDHARY) JUDGE 23.12.2025 dinesh Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No