Punjab-Haryana High Court
Gauravdeep Singh @ Gauri vs State Of Punjab on 30 January, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-5182-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-5182-2025
Date of Decision: 30.01.2025
Gauravdeep Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Sumit Dua, Advocate
for the petitioner.
Mr. Sukhdev Singh, A.A.G., Punjab.
Mr. Prashant Bansal, Advocate
for the complainant.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
126 26.09.2024 City Patti, Tarn 109, 351(2), 191(3), 190 of
Taran BNS and 25, 27 of Arms Act
1. The petitioner apprehending arrest in the FIR captioned above has come up before
this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS],
seeking anticipatory bail.
2. Per paragraph 13 of the bail application, the accused has the following criminal
antecedents:-
Sr. No. FIR No. Date Offenses Police Station
1. 75/2021 - - Patti City, Tarn
Taran
2. 141/2021 - - Valtoha, Amritsar
3. The facts and allegations are being taken from the translated copy of FIR, which
reads as follows:-
"Statement of Tejpal Singh son of Manjit Singh resident of Ward
No. 5 Bhullar Colony Patti, Tarn taran aged about 25 years
98774xxxx, I have stated that I am a reside of the said address and
running a welding shop at Tarn Taran Road Patti. On dated
25/9/2024, it will be time will be around 10:15 PM that I and my
brother Gurpreet Singh was standing on Kandyala Road with my
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CRM-M-5182-2025
friend in front of Amardeep Palace. Then a Honda amaze car come
from kandyala side in which Honey, Siva and 2 other boys whose
names i don't know came along with them and Honey was driving
the car. I said to him that why are beating Horn? Honey abused
me and took the car away and after about 15 minutes which would
be around 10:30 PM that he was standing there talking with his
friend, then again a xylo car came, in which Goli @ Raja son not
known resident of Kashmir Colony armed with Pistol, Billa @
Herri son of not known Basti Dhara Singh armed with Pistol, Goli
@ Raja son of not known resident of Chathua Wala armed with
Pistol, Honey son of know not resident of Kashmir Colony empty
hand, Shiva son of not known resident of Kasmir Colony with
empty handed and 2-3 unidentified persons came and as soon as
they came Billa @ Herri fired the pistol directly at me with the
intention of killing me, the pistol fire hit my left thigh and I fell
down and Shiv beat me with Kada. Then my brother came forward
to rescue me, then Gauri Son of unknown resident of Chathua
Mohalla, fired the pistol with the intention of killing my brother.
Goli @ Raja Son of not known resident of Kasmir Colony Patti,
shot my brother from pistol, the fire hit my brother's left foot and
Honey hit me on my left side chest with a stick. They attacked on
me and I was seriously injured. We raised alarm that we have been
killed. Then our friends rescued us from them with great difficulty.
They got into their vehicle and ran away, then our friends and my
brother Kulwinder Singh picked us up from there and arranged a
ride and brought us to Guru Nanak Dev Hospital where I and my
brother Gurpreet Singh were treated. The grievance is that Honey
came to us and honked the horn of the vehicle, I stopped him, so
they opened fire with the intention of killing us. Legal action
should be taken against this case and justice should be given to
us."
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
petitioner and their family.
5. The State's counsel opposes bail.
6. Counsel for the complainant submits that they have settled the matter out of Court
and have no objection in case this Court grants bail to the petitioner.
7. The Police did not arrest the petitioner; if they intended to arrest the petitioner, it
was not impossible. A perusal of the reply does not point out the steps taken to arrest the
accused.
8. Pre-trial incarceration should not be a replica of post-conviction sentencing. The
evidence might be prima facie sufficient to launch prosecution or to frame charges, but
this Court is not considering the evidence at that stage but is analyzing it for the stage of
anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-
trial incarceration.
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CRM-M-5182-2025
9. Given the above, the penal provisions invoked coupled with the primafacie
analysis of the nature of allegations and the other factors peculiar to this case, there
would be no justifiability for custodial interrogation or the pre-trial incarceration at this
stage.
10. 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.
11. 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 Arresting Officer, and if the matter is before a Court, then the
concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty
Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied
that if the accused fails to appear, such surety can produce the accused.
12. 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)
13. This order is subject to the petitioner's complying with the following terms. 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. The petitioner is directed to join the investigation within seven days of uploading
this order on the official webpage of the High Court of Punjab and Haryana and as and
when called by the Investigator. The petitioner shall be in deemed custody for Section 27
of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the
investigation as and when called by the Investigating Officer or any Superior Officer and
shall cooperate with the investigation at all further stages as required. In the event of
failure to do so, the prosecution will be open to seeking cancellation of the bail. During
the investigation, the petitioner shall not be subjected to third-degree, indecent language,
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CRM-M-5182-2025
inhuman treatment, etc.
15. In case the Investigator/Officer-In-Charge of the concerned Police Station
arraigns another section of any penal offense in this FIR, and if the new section
prescribes a maximum sentence that is not greater than the sections mentioned above,
then this bail order shall be deemed to have also been passed for the newly added
section(s). However, suppose the newly inserted sections prescribe a sentence exceeding
the maximum sentence prescribed in the sections mentioned above; then, in that case, the
Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven
days, providing an opportunity to avail the remedies available in law.
16. It is clarified that if the petitioner violates any bail condition, the State and/or the
victim may file an application for bail cancellation before the trial court, which shall be
competent to cancel the bail or add more conditions. Furthermore, if the petitioner moves
for deletion or dilution of any bail conditions, the trial court is empowered to do so.
17. It is clarified that this bail order shall not protect the complainant in case of
violation of Section 216/217 of BNS (181/182 of IPC).
18. 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 have the liberty to cancel this bail.
19. Any observation made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
20. 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.
21. Petition allowed in terms mentioned above. All pending applications, if any,
stand disposed of.
(ANOOP CHITKARA)
JUDGE
30.01.2025
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
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