Punjab-Haryana High Court
Rohit Gill vs State Of Punjab And Ors on 20 January, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-1562-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-1562-2025
Date of Decision: 20.01.2025
Rohit Gill ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Arpan Sabharwal, Advocate
for the petitioner.
Mr. Akshay Kumar, A.A.G., Punjab.
Mr. Rahul Garg, Advocate
for respondent No.2.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
76 23.06.2024 City Nakodar, 386, 342, 506, 511, 34 IPC
District Jalandhar (Section 364-A IPC added
Rural later on)
1. The petitioner incarcerated in the FIR captioned above had come up before this
Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking
regular bail.
2. In paragraph 13 of the bail petition, the accused declares that he has no criminal
antecedents.
3. The facts and allegations are being taken from translated copy of FIR, Annexure
P-1, which reads as follows:-
"Statement of Bhagwan Singh Purthi son of Sher Singh Pruthi
resident of Mohalla Guru Teg Bahadur Nagar Nakodar PS City
Nakodar District Jalandhar aged about 72 years phone number
98148-20699 has stated that I am a resident of the above mentioned
address and I am an Ex-Councilor of Nagar Council Nakodar. I am
running a shop in the name of Khalsa Dairy in front of Civil
Hospital Nakodar. That on 22.06.2024 at about 10:30 AM my son
Navjot Singh Pruthi @ Mani told me that he is going to Baba
Muradshah Road South Adda for some personal work. Then at
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-1562-2025
about 11:10 AM I got a WhatsApp call from the mobile number of
my son Navjot Singh Pruthi @ Mani 98147-20699 in my mobile
number 98148-20699. On which some unknown person was on the
other side. Who told me that we have apprehended your son while
consuming intoxicant. Come and meet us at Lambra. The matter is
still with us. We will settle it here only. Who said that you should
come to Malri near Taj City-2 Nakodar along with Rs. 50,000/-.
Whereby I told my elder son Jaspreet Singh Pruthi and took him
along and arranged the money and went to Taj City-2 Colony
Nakodar at the place mentioned by them in my car then that person
called me again and asked about the money. I told him that I have
got the money. Then that person told us to wait there only. I am
sending two of my accomplices on a motorcycle. Then after some
time two hindu young men came on a without number motor cycle
brand Bajaj Discover from the side of Village Malri. Who stopped
at about a distance of 50 meters from our car. Then that person
gave a WhatsApp call from my son's mobile number and said that
my accomplices have reached near you. You come out of the car
and hand over the money to them. We said that we are not going to
get out of the car. They should come to the car to collect the money.
When we did not get out from the car the young men got suspicious
and turned their motor cycle towards the side of Jalandhar and ran
away. Then I along with my family kept looking for my son Navjot
Singh Pruthi. That about 7 PM they dropped iny son at the gate of
Village Allowal. My son in a worried state called me on my phone
and narrated the entire incident. I went and brought my son home.
Who told me after coming home that three boys in a silver Swift car
bearing no. PB-10-DA-9313 took me from Baba Muradshah Road
South Adda Nakodar to Petrol Pump Village Mudh. From there they
took me to Jalandhar. I being an Ex-Councilor and a respectable
person of the society and due to regularly going to Police Stations
and Court I am aware about the good abd bad elements of the
society. The three boys who had kidnapped my son. Out of them one
is Rohit Gill who is with Punjab Home Guard and works at
Nakodar Court and my son even told me that they were talking
amongst themselves by calling each other Rohit Gill, Gurpreet Gogi
and Jacob. My son can recognize them if they are brought in front
of him. We were afraid and did not want to inform at the Police
Station. But then I gave confidence to my son that they can again do
such a thing. They threatened my son that if you inform the police
regarding this we will harm you. Appropriate legal action may be
taken against the above said persons. This statement is being
recorded in the presence of my son Navjot Singh Pruthi. Statement
written read over heard and is correct. Sd/- Bhagwan Singh, Navjot
Singh Attested/- Harinderpal Singh ASI, PS City Nakodar, dated
23.06.2024."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and
contends that further pre-trial incarceration would cause an irreversible injustice to the
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-1562-2025
petitioner and their family.
5. The State's counsel opposes bail.
6. Counsel for the complainant submits that the matter has been compromised and
they have no objection if this Court grants bail to the petitioner.
7. State counsel submits that they need to file reply, however in the opinion of this
Court, copy of the petition was supplied in advance and they have ample time to file
reply. Copy of petition was supplied on 08.01.2025 and 12 days have passed but reply has
not been filed. State counsel submits that they have instructions in the matter. State
counsel further submits that there is clear cut allegation of kidnapping and petitioner is
not entitled to bail. In case, this Court grants bail to the petitioner, it should be clarified
that the order of bail shall not be a ground to quash the FIR itself.
8. There is sufficient primafacie evidence connecting the petitioner with the alleged
crime. However, pre-trial incarceration should not be a replica of post-conviction
sentencing. Per paragraph 3 of the bail petition, the petitioner has been in custody since
23.06.2024. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with
the primafacie analysis of the nature of allegations, and the other factors peculiar to this
case, there would be no justifiability for further pre-trial incarceration at this stage.
9. Without commenting on the case's merits, in the facts and circumstances peculiar
to this case, and for the reasons mentioned above, the petitioner makes a case for bail.
This order shall come into force from the time it is uploaded on this Court's official
webpage.
10. Given above, provided the petitioner is not required in any other case, the
petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds
to the satisfaction of the concerned Court and due to unavailability before any nearest
Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must
be satisfied that if the accused fails to appear, such surety can produce the accused.
11. While furnishing a personal bond, the petitioner shall mention the
following personal identification details:
1. AADHAR number
2. Passport number (If available) and when the
attesting officer/court considers it appropriate or
considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-1562-2025
12. This order is subject to the petitioner's complying with the following terms.
13. The petitioner shall abide by all statutory bond conditions and appear before the
concerned Court(s) on all dates. The petitioner shall not tamper with the evidence,
influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any
witnesses, Police officials, or any other person acquainted with the facts and
circumstances of the case or dissuade them from disclosing such facts to the Police or the
Court.
14. This bail is conditional, and the foundational condition is that if the petitioner
indulges in any non-bailable offense, the State shall file an application for cancellation of
this bail before the Sessions Court, which shall be at liberty to cancel this bail.
15. Any observation made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
16. A certified copy of this order would not be needed for furnishing bonds, and any
Advocate for the Petitioner can download this order along with case status from the
official web page of this Court and attest it to be a true copy. If the attesting officer wants
to verify its authenticity, such an officer can also verify its authenticity and may
download and use the downloaded copy for attesting bonds.
17. Petition allowed in terms mentioned above. All pending applications, if any,
stand disposed of.
(ANOOP CHITKARA)
JUDGE
20.01.2025
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
