Dharuvpreet Singh v. State Of Punjab

CRM-M No.71497 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.71497 of 2025 Date of decision : 22.1.2026 Date of uploading : 22.1.2026 Dharuvpreet Singh .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Hitesh Chopra, Advocate and Mr. Amit Kumar, Advocate, for the petitioner Mr. Jaypreet Singh, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.179 dated 20.9.2025 under Sections 111, 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25/54/59 of Arms Act, 1959, registered at Police Station City Batala, Tehsil Batala, District Gurdaspur.

2.

The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- 'Chief Munshi Jai Hind, I, SI/SHO along with SI Balraj Singh 1512, SI Ravinder Singh 2255, ASI Rajiv Kumar 2364, ASI Baljinder Singh 2730, SR/CT Kuldeep Singh 2226, SR/CT Jagdeep Singh 2961, SR/CT Deepakjot Singh 1827, proceeded in a Government vehicle number PB65-BG-7358, being driven by driver ASI Nareshpal 2561, for special patrolling and

CRM-M No.

71497 of 2025 -2were present at Gandhi Chowk, where ASI Malkit Singh 2575, ASI Gagan Sharma 2667, HC Suraj Kumar 2799, CIA staff Batala met us, whose party was included in our party, on which ASI Malkit Singh 2575 informed me that "I have received information from a special informant that Dhruvpreet Singh son of Rajpal Singh, Karan Kumar son of Jagdish Raj resident of Labor Quarter Urban Estate, Police Station Civil Line Batala and Narinder Singh son of Harjinder Singh, Manvir Singh son of Kapoor Chand alias Rishi, resident of Kotli Surat Mallia, Police Station Kotli Surat Mallia who have criminal connections with gangsters and are currently working in the gangster group of Hushan resident of Sahbadia who also have illegal pistols with them and are committing crimes in the city and amongst them even today Dhuruvpreet Singh and Karan Kumar on their Activa scooter number PB06AM-3106 and Narinder Singh and Manvir Singh on their motorcycle CD DE LEX number PB 06 AW-9200 are roaming in the city in the Institute built at Chitti Ground and RR Bawa College Road in an attempt to commit any criminal crime.

If a barricading is done now in the city and the search regarding suspicious person in the city is carried out, then Dhruvpreet Singh and Karan Kumar along with their Activa scooter number PB06AM-3106 and Narinder Singh and Manvir Singh will be caught while roaming on their motorcycle CD DE LEX number PB 06 AW-9200. From whom, illegal pistols can also be recovered from them.

Since this information of the informant being true, reliable and unfounded, Dhruvpreet Singh son of Rajpal Singh, Karan Kumar son of Jagdish Raj resident of Labor Quarter Urban Estate, Police Station Civil Line Batala and Narinder Singh son of Harjinder Singh, Manvir Singh son of Kapoor Chand alias Rishi resident of Kotli Surat Mallia, Police Station Kotli Surat Mallia have been found to have committed the offence under Section 111 BNS and 25-54-59 ARM ACT, by involving in a criminal activities associated with a gangster group and possessing illegal pistols, upon which a ruqa is being written against Dhruvpreet Singh, Karan Kumar, Narinder Singh, Manvir Singh and sent by hand through SR/CT Jagdeep Singh 2961 to the police station, for registration of FIR. After registration of the case, FIR number should be informed.

Special reports should be issued and sent to the service of the Area Magistrate Sahib and higher officers. The control room should be informed through wireless message.

CRM-M No.71497 of 2025 -3checking of the suspected persons. Sd/- Sukhjinder Singh SI Station House Officer Police Station City Batala Dated 20-9-2025 Today, under the jurisdiction at area Gadhi Chowk Batala AT 10-10 PM. Today, upon receipt of written ruqa in the police station, FIR under above said offences against above said accused is being registered in CCTNS software. Original ruqa along with the copy of FIR is being sent by hand through SR/CT to the designated Station House Officer, who is present at the spot for investigation. Special reports are being issued and are being sent by hand through LR/ASI Kabal Singh No. 2132/Batala to the service of Area Magistrate Sahib and other officers. The control room is being informed. via email.'

3.

Learned counsel for the petitioner has argued that the petitioner is in custody since 20.9.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that, assuming arguendo, the prosecution version is taken to be correct, the petitioner has been found in possession of one 12 bore country made pistol alongwith 2 live cartridges, which have been planted by the petitioner. Learned counsel has further argued that mandatory provision of law regarding effecting recovery from the petitioner has not scrupulously been complied with. Thus, regular bail is prayed for.

4.

Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 21.1.2026 in Court, which is taken on record.

5.

I have heard counsel for the parties and have gone through the available records of the case.

CRM-M No.71497 of 2025 -46. The petitioner was arrested on 20.9.2025 wherein after investigation was carried out and challan stands presented on 18.12.2025. Total 14 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon 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.

6.1 As per custody certificate dated 21.1.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 3 months and 26 days. As per the said custody certificate, the petitioner is stated to be involved in one more FIR registered under the NDPS Act. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon'ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon'ble Calcutta High

CRM-M No.71497 of 2025 -5Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191.

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present 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:- (i) The petitioner shall not mis-use 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 cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone 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.

CRM-M No.71497 of 2025 -69. Ordered accordingly.

10.

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

(SUMEET GOEL) JUDGE 22.1.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No