Punjab-Haryana High Court
Gaurav Athwal @ Baghi vs State Of Punjab on 12 April, 2023
CRM-M-14707-2023 -1- 2023:PHHC:050178
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
220
CRM-M-14707-2023
Date of Decision: 12.04.2023
Gaurav Athwal @ Baghi
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Present: - Mr. Ankur Bansal, Advocate for the petitioner.
Mr. J.P. Ratra, Sr. DAG, Punjab.
ASHOK KUMAR VERMA, J. (ORAL)
Custody certificate dated 11.04.2023, filed by learned
counsel for the State is taken on record.
The petitioner has filed the present petition under Section
439 Cr.P.C., for grant of regular bail in case FIR No. 37 dated
30.03.2021, registered under Sections 153-A, 386 and 504 IPC (Section
153-A IPC was dropped and Section 66 of the Information and
Technology Act, 2000 was added later on) at Police Station Division 2,
District Jalandhar.
Brief facts of the prosecution case are that the present case
was registered on the basis of a secret information received by ASI
Jaswinder Singh, CIA Staff, Jalandhar to the effect that one Gurpreet
Singh @ Karanpreet Singh @ Fateh, along with his companions, namely,
Aman, Teenu, Baghi (petitioner herein), Happy and others have formed a
RISHU KATARIA
2023.04.13 13:37
I attest to the accuracy and
authenticity of this order/judgment
CRM-M-14707-2023 -2- 2023:PHHC:050178
social media channel on You-tube under the name and style "Fateh
Group Jalandhar". They used to give beatings to innocent persons with
deadly weapons and insult them publically in order to extort money from
them. They also prepare their videos and used to upload the said videos
on their aforesaid You-tube channel. Further, the news items published
in the newspapers while they were giving beatings to the innocent people
by uploading the same on the you-tube channel while playing songs and
in those videos Gurpreet Singh @ Karanpreet Singh @ Fateh used to
show himself as gangster and there is fear of Gurpreet Singh @
Karanpreet Singh @ Fateh in the minds of innocent persons. No one is
trying lodge any complaint against them. Finding the aforesaid secret
information to be trustworthy, ruqa was sent to the police station for
registration of FIR.
Learned counsel for the petitioner, inter alia, contends that
the petitioner has falsely been implicated in the instant case. He has not
committed any offence. Nothing has to be recovered from him. No overt
act has been attributed to the petitioner. Even, proceedings under Section
153-A IPC have already been dropped by the police. There are only
general and vague allegations against the petitioner. Petitioner is in
custody since the date of his arrest. The offences are triable by a
Magistrate. The trial is likely to take long time. No useful purpose will
be served by further detention of the petitioner in custody. More so,
co-accused of the petitioner, namely; Gurpreet Singh @ Karanpreet
Singh @ Fateh, Amandeep and Happy, have already been granted the
concession of regular bail by this Court vide separate orders of even date
i.e. 21.03.2023, passed in CRM-M Nos. 41249, 41287 and 60473-2022,
RISHU KATARIA
2023.04.13 13:37
I attest to the accuracy and
authenticity of this order/judgment
CRM-M-14707-2023 -3- 2023:PHHC:050178
respectively. Thus, it is prayed that treating the case of the petitioner on
the same parity as that of his co-accused, he may also be granted the
concession of regular bail.
On the other hand, learned State counsel vehemently
opposed the submissions of learned counsel for the petitioner and submits
that the petitioner along with his co-accused used to upload videos of
innocent people and used to extort money from them. Accordingly, he
prayed for dismissal of the present petition.
Keeping in view the facts and circumstances of the case,
custody period of the petitioner, the fact that proceedings under Section
153-A IPC have already been dropped by the police and treating the case
of petitioner on the same parity as that of his co-accused, namely;
Gurpreet Singh @ Karanpreet Singh @ Fateh, Amandeep and Happy who
are already enlarged on bail by this Court, 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-Gaurav
Athwal @ Baghi, is ordered to be released on regular bail on his
furnishing bail/surety bonds to the satisfaction of the trial Court/Chief
Judicial Magistrate concerned.
12.04.2023 (ASHOK KUMAR VERMA)
rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
RISHU KATARIA
2023.04.13 13:37
I attest to the accuracy and
authenticity of this order/judgment
