Bharat Alias Bharat Ram vs State Of Punjab
2023 Latest Caselaw 3650 P&H

                        CRM-M-5637-2023                        -1-           2023:PHHC:049129


                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        221
                                                               CRM-M-5637-2023

                                                               Date of Decision: 11.04.2023

                        Bharat @ Bharat Ram
                                                                                 .... Petitioner

                                                  Versus

                        State of Punjab

                                                                                 .... Respondent


                        CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

                        Present: -    Mr. Manu Loona, Advocate for the petitioner.

                                      Mr. J.P. Ratra, Sr. DAG, Punjab with
                                      Mr. Jaspal Singh Guru, AAG, Punjab.

                        ASHOK KUMAR VERMA, J. (ORAL)

Custody certificate dated 10.04.2023, filed by learned

counsel for the State is taken on record.

The petitioner has filed the present petition under Section

439 of the Code of Criminal Procedure, 1973 for grant of regular bail in

case FIR No. 120 dated 03.06.2022, registered under Section 304 IPC at

Police Station City, Kotkapura, District Faridkot.

As per prosecution story, the aforesaid FIR was registered

against the petitioner and his co-accused, on the basis of secret

information received by SI Gursewak Singh at around 9:00 PM to the

effect that the petitioner and his co-accused, namely, Swarna, Resham

Singh, Bittu, Vicky and Babbal, are making innocent persons of city

Kotkapura and adjoining villages, habitual of selling and consuming

RISHU KATARIA 2023.04.12 10:16 I attest to the accuracy and authenticity of this order/judgment CRM-M-5637-2023 -2- 2023:PHHC:049129

intoxicants. On that day, one Kuldeep Khan @ Neela S/o Birbal R/o

Gondara, died in a vacant plot, due to heavy dose of intoxicant and his

dead body is lying in Civil Hospital, Faridkot. The aforesaid deceased

also used to take intoxicant from the above-mentioned persons and on

that day also the deceased had brought intoxicant from the said persons.

Finding the information to be reliable, ruqa was sent to the police station

on the basis of which formal FIR under Section 304 IPC was registered

against the petitioner and his co-accused. During investigation, Rafiq

Mohammad @ Rafiq S/o Birbal, got recorded his supplementary

statement with the police on 09.07.2022. Petitioner-Bharat @ Bharat

Ram, along with his co-accused, namely, Resham Singh, Balkar Singh @

Bittu and Bharat, was arrested by the police.

Learned counsel for the petitioner, inter alia, contends that

the petitioner has falsely been implicated in the present case. The

ingredients of the offence as alleged by the prosecution are not made out.

There is no iota of evidence on record to spell that there was any

instigation on the part of the petitioner so as to facilitate the commission

of alleged offence. There is delay in lodging the FIR. The deceased was

expired due to overdose of drugs. It is a debatable issue as to whether

offence under Section 304 IPC is made out against the petitioner or not.

Nothing has to be recovered from the petitioner. Petitioner is in custody

since the date of his arrest. The trial is likely to take long time. No useful

purpose will be served by further detention of the petitioner in custody.

Co-accused of the petitioner, namely; Vicky Kumar, Swarna Rani and

Resham Singh, have already been granted the concession of anticipatory RISHU KATARIA 2023.04.12 10:16 I attest to the accuracy and authenticity of this order/judgment CRM-M-5637-2023 -3- 2023:PHHC:049129

bail by this Court vide orders dated 05.01.2023 and 19.01.2023,

(Annexures P-2 to P-4, respectively). Therefore, treating the case of the

petitioner on the same parity as that of his co-accused, he may also be

released on regular bail.

On the other hand, learned State counsel has opposed the

present petition.

Keeping in view the facts and circumstances of the case and

also the fact that co-accused of the petitioner, namely, Vicky Kumar,

Swarna Rani and Resham Singh, have already been granted the

concession of bail by this Court vide orders dated 05.01.2023 and

19.01.2023 (Annexures P-2 to P-4, respectively), but without

commenting on merits of the case, I am of the considered view that the

petitioner deserves the concession of regular bail.

Therefore, the petition is allowed and petitioner-Bharat @

Bharat Ram, is ordered to be released on regular bail on furnishing of bail

bonds and surety bonds to the satisfaction of the trial Court/Chief Judicial

Magistrate concerned.

                        11.04.2023                                  (ASHOK KUMAR VERMA)
                        rishu                                              JUDGE


                                      Whether speaking/reasoned               Yes/No

                                      Whether Reportable                      Yes/No




RISHU KATARIA
2023.04.12 10:16
I attest to the accuracy and
authenticity of this order/judgment