[Cites 5, Cited by 0]
Punjab-Haryana High Court
Raja Singh vs State Of Punjab on 12 December, 2025
CRM-M No.69306 of 2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
206
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CRM-M No.69306 of 2025
Date of decision : 12.12.2025
Date of uploading : 12.12.2025
Raja Singh .............Petitioner
Versus
State of Punjab .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Ms. Sukriti Jain, 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.130 dated 11.12.2024 under
Sections 351(3), 109 of Bharatiya Nyaya Sanhita, 2023 and Sections
25/54/59 of Arms Act (Sections 103 and 238 of BNS added later on)
(charges framed under Sections 103, 109, 351(3) and 238 read with
Section 3(5) of BNS and Section 25 of Arms Act, 1959), registered at
Police Station Chhajli, District Sangrur.
2. The case set up in the FIR in question (as set out in the present
petition by the petitioner) is as follows:-
'Statement of Beant Singh alias Gaggi son of Ram Chand Singh resident of
Roja Patti Chhajli age about 30 years Mo.87288-05072 stated that I am a
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resident of the above address. I work as a laborer. Yesterday, on
10/12/2024, at around 7:30 PM, I went from my house to the shop to buy
goods in Roja Patti. Gagandeep Singh, son of Hardev Singh, resident of
Roja Patti, Chajjali, was along with me. We both were standing in front of
the house of Gagandeep Singh, then Jagsir Singh alias Laddi, son of Ram
Singh, Lakhwinder Singh alias Kudri son of Gursewak Singh, Raja Singh
son of Teja Singh alias Kaku resident of Roja Patti Chhajli and an
unknown relative of Raja Singh resident of Bhawanigarh came to us.
Jagsir Singh alias Laddi had a baseball bat and Lakhwinder Singh alias
Kundri was holding a pistol in his hand. As soon as Lakhwinder Singh
alias Laddi came, he attacked Gagandeep Singh with the baseball bat that
was held in his hand. In the meantime, Raja Singh grabbed me and
Lakhwinder Singh alias Kudri aimed the pistol in his hand at me with the
intention of killing me which while crossing my hand, hit me in the left side
of my stomach. I fell to the ground. I raised hue and cry that he hit me,
then people gathered on hearing my cry. Seeing the gathering of people,
the above mentioned four of them fled from the spot along with their
weapons. Then Gagandeep Singh arranged vehicle for me and got myself
admitted to the Government Hospital Sunam where after giving me first
aid, I was referred to Rajindra Hospital for treatment, but since my
condition was serious, my family members have admitted me to Vinayak
Hospital Sunam for treatment. Where I am undergoing treatment. Reason
behind the grudge is that they were already having quarrel with above
Gagandeep Singh. Gagandeep Singh Is my friend, due to which all these
above four persons also keep grudge against me. Due to which they nave
fired at me. Today I am undergoing treatment at Vinayak Hospital. /here I
have written my statement to you, I have read it and heard it, it is correct.
Appropriate action should be taken against the four mentioned people.
Complainant signed/-Beant Singh.'
3. Learned counsel for the petitioner has argued that the petitioner
is in custody since 11.12.2024. 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 available at this juncture is taken to be correct, the
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role ascribed to the petitioner is of catching hold of the deceased only
whereas fire shot that killed the deceased is attributed to one Lakhwinder
Singh. Learned counsel has further submitted that even no motive is
attributed to the petitioner but is attributed to Lakhwinder Singh. Learned
counsel has further submitted that the petitioner is a man with clean
antecedents. 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
11.12.2025 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.
6. The petitioner was arrested on 11.12.2024 wherein after
investigation was carried out and challan stands presented on 24.2.2025.
Total 30 prosecution witnesses have been cited but none has been
examined till date. It would be apposite to refer herein to a judgment
passed by the Hon'ble Supreme Court in Criminal Appeal No.2787 of
2024 titled as Javed Gulam Nabi Shaikh vs. State of Maharashtra and
another, decided on 03.07.2024; relevant whereof reads as under:-
"19 If the State or any prosecuting agency including the court
concerned has no wherewithal to provide or protect the fundamental
right of an accused to have a speedy trial as enshrined under Article 21
of the Constitution then the State or any other prosecuting agency
should not oppose the plea for bail on the ground that the crime
committed is serious. Article 21 of the Constitution applies irrespective
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of the nature of the crime.
20. We may hasten to add that the petitioner is still an accused; not a
convict. The over-arching postulate of criminal jurisprudence that an
accused is presumed to be innocent until proven guilty cannot be
brushed aside lightly. howsoever stringent the penal law may be.
21. We are convinced that the manner in which the prosecuting agency
as well as the Court have proceeded, the right of the accused to have a
speedy trial could be said to have been infringed thereby violating
Article 21 of the Constitution."
6.1 The rival contention raised at Bar give rise to debatable issues
which shall essentially 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.
6.2 As per custody certificate dated 11.12.2025 filed by learned
State counsel, the petitioner has already suffered incarceration for a period
of 11 months and 28 days & is not shown to be involved in any other
case.
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
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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.
9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of
opinion on the merits of the case.
(SUMEET GOEL)
JUDGE
12.12.2025
Ashwanii
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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