Akashdeep Singh Alias Deepak Alias ... vs State Of Punjab
2025 Latest Caselaw 5341 P&H

Punjab-Haryana High Court

Akashdeep Singh Alias Deepak Alias ... vs State Of Punjab on 19 November, 2025

 CRM-M-57121-2025 (O&M)               1



            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
217
                                                      CRM-M-57121-2025 (O&M)
                                                      Date of decision: 19.11.2025

Akashdeep Singh alias Deepak alias Deepak Singh
                                                                       ....Petitioner
                                Versus

State of Punjab
                                                                     ...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                 *****
Present : Mr. Sukhbir Maandi, Advocate for the petitioner

       Mr. Manipal Singh Atwal, DAG Punjab
                              *****
AMAN CHAUDHARY, J. (ORAL)

1. Prayer in the present petition filed under Section 483 BNSS is for

grant of regular bail to the petitioner in case FIR No.0004 dated 12.01.2025,

registered under Sections 103 and 3(5) of BNS and Section 25/54/59 of Arms Act

(offences under Sections 61(B) and 238 of BNS added later on) at Police Station

Harike, District Tarn Taran.

2. Learned counsel contends that the petitioner has been in custody for

more than 9 months. He alleges false implication. Even otherwise the allegations

against him are not that he had made the accused flee from the spot, but that he

was waiting in a vehicle near the place of occurrence to help them run away. Co-

accused Bhagwan Singh @ Bagha, who was the driver of the vehicle in which the

main accused had fled away, has since been granted regular bail by this Court vide

order dated 01.10.2025, Annexure P-5 after being in custody for more than 7

months. Co-accused Amanpreet Singh, against whom the allegations are of

harboring the main accused, has been granted bail. Charges have been framed on

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03.09.2025, however, out of 29 prosecution witnesses, none has been examined.

The petitioner is involved in 1 more case, wherein he is on bail. Reliance is placed

on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd.

Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.

3. The custody certificate dated 18.11.2025, filed by the learned State

counsel is taken on record. As per the same, the petitioner is behind bars for 9

months and 8 days.

4. Learned State counsel opposes the bail on the ground that there are

specific allegations against the petitioner of facilitating the main accused for

committing the offence as he was waiting upon them. However, he is unable to

controvert the submissions with regard to stage of the case, co-accused having

been granted bail and the petitioner being on bail in other case.

5. Heard.

6. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir

Rashadi (Supra)had held that, "As observed by the High Court, merely on the

basis of criminal antecedents, the claim of the second respondent cannot be

rejected. In other words, it is the duty of the Court to find out the role of the

accused in the case in which he has been charged and other circumstances such as

possibility of fleeing away from the jurisdiction of the Court, etc."

7. Considering the facts and circumstances of the case, in particular that

the petitioner is in custody for the last 9 months and 8 days; on bail in other case;

co-accused are on bail; charges were framed on 03.09.2025, however, none out of

29 prosecution witnesses has yet been examined, the trial is likely to take a

considerable time, further incarceration of the petitioner would be violative of his

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right enshrined under Article 21 of the Constitution of India, the present petition is

allowed.

8. The petitioner is ordered to be released on regular bail, subject to

furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate

concerned, if not required in any other case and shall abide by the following

conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

9. It is made abundantly clear that in case there is any breach of the

aforesaid conditions, the State shall be at liberty to seek cancellation of bail as

granted to the petitioner by this order.

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10. In view of the above, it is clarified that the observations made herein

above are limited for the purpose of present proceedings and would not be

construed as any opinion on the merits of the case and the trial would proceed

independently of the aforesaid observations.

                                                   (AMAN CHAUDHARY)
                                                         JUDGE
19.11.2025
M.Kamra

      Whether speaking/reasoned                :      Yes / No
      Whether reportable                       :      Yes / No




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