Citation : 2026 Latest Caselaw 3781 P&H
Judgement Date : 24 April, 2026
CRM-M-2433-2026
207 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-2433-2026
Date of decision : 24.04.2026
Bhupinder Singh @ Rupinder Singh @ Bunty ....Petitioner
versus
State of Punjab .... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present :- Mr. Nikhil Ghai, Advocate; Mr. Armaan S. Brar, Advocate &
Mr. Bhavnish Kumar Wadhwa, Advocate for the petitioner.
Mr. Raj Karan Singh, A.A.G., Punjab.
RAJESH BHARDWAJ, J. (Oral)
1. Present petition has been filed by the petitioner praying for
grant of regular bail in case FIR No.271 dated 25.08.2025, under Sections
109, 132, 221, 324(4) of BNS; Sections 25 & 27 of Arms Act and Section
21 of NDPS Act, registered at Police Station Kharar, District SAS Nagar.
2. Succinctly the facts of the case are that the Police party while
on patrolling on 25.08.2025 in search of accused in FIR No.260 dated
18.08.2025 registered under Section 304 of BNS, received a secret
information to the effect that in the area of Majat, the accused is coming
on a motorcycle without any registration number, from the side of
Morinda, with muffled face. At about 12 noon, a youngster with matching
description was seen coming and on seeing the police party, he attempted
to slip away by taking a slip road, however, he fell down. In the meantime,
he took out a pistol from his dub (waist line of trousers) and fired gunshot
towards the police team. The bullet hit the vehicle of the police party and
in self defence, gunshot was fired with the service revolver and the
accused was asked to surrender. However, he fired another gunshot which
missed the police team and eventually, a gunshot was fired to subdue the
accused which hit his right leg and slumped on the ground. The pistol also
CRM-M-2433-2026
fell out from his hand and an electric weighing machine along with a
polythene bag containing intoxicant power also fell out and he was
apprehended. On asking, he disclosed his name to be Bhupinder Singh. He
was suspected to be carrying some contraband and thus, search was
conducted. On conducting the search, 70 grams of Heroin and a pistol 32
bore alongwith 01 live 32 bore cartridge and 02 spent 32 bore cartridge
shells were recovered from his possession. He failed to produce any
license regarding possession of the same and hence, the FIR was
registered and he was arrested on spot. The investigation commenced. On
completion of investigation, challan was presented and on framing of
charges, trial commenced. The petitioner approached the Court of Learned
Additional Sessions Judge, SAS Nagar praying for grant of bail, however,
finding no merit, the same was declined after hearing both the sides by
Learned trial Court vide order dated 01.12.2025. Aggrieved by the same,
the petitioner is before this Court by way of filing of present petition for
grant of bail.
3. Learned counsel for the petitioner has vehemently contended
that the petitioner has been falsely implicated in the present case. He
submits that the allegations against the petitioner are that he fired at the
police party. He submits that it is the petitioner only who has suffered the
firearm injury and no police official has suffered any injury. He submits
that after the arrest of the petitioner, recovery of 70 grams of heroin along
with one pistol of 32 bore, was planted upon him. He submits that the
false implication of the petitioner is writ large. He submits that the
petitioner is behind bars from the date of his arrest and till date only
charges have been framed and no witness has been examined. He, thus,
submits that the petitioner deserves to be granted bail.
CRM-M-2433-2026
4. Per contra, learned State counsel has also opposed the
submissions made by counsel for the petitioner and submits that the there
was secret information about the petitioner. He submits that during the
raid conducted by the police party, the petitioner opened fire on the police
party and in retaliation the police officials also fired in which the
petitioner got injured. He submits that 70 grams of heroin alongwith one
pistol of 32 bore and 01 live cartridge was recovered from the petitioner.
He, on instructions, has submitted that investigation is complete and
charges have been framed. He has produced on record the custody
certificate of the petitioner.
5. After hearing counsel for the parties and perusing the record,
it is deciphered that the allegations against the petitioner are regarding
firing at the police party. The firearm injury, however, is suffered by the
petitioner himself. The alleged recovery of 70 grams of heroin is
admittedly a non-commercial quantity. The custody certificate produced
would show that the petitioner has suffered an incarceration of 07 months
and 23 days as on 20.04.2026. It further reflects that the petitioner is
involved in 01 more case. As submitted before this Court, investigation is
complete and charges have been framed.
6. The veracity of the allegations would be assessed only after
conclusion of the trial and on the appreciation of evidence to be led by
both the parties before the trial Court.
7. This Court would refrain itself from commenting anything on
the merits of the case. Keeping in view the arguments raised by both the
sides and perusing the record, the Court is of the opinion that learned
counsel for the petitioner succeeds in making out a case for the grant of
bail to the petitioner. Accordingly, present petition is allowed and
CRM-M-2433-2026
petitioner is ordered to be released on bail on his furnishing bail/surety
bonds to the satisfaction of the concerned trial Court/Duty Magistrate.
Nothing said herein shall be treated as an expression of opinion on the
merits of the case.
8. In case the bail bonds are not furnished by the petitioner
during the period of 07 days from today, then his further custody period
after one week will not be counted in the present case.
24.04.2026 ( RAJESH BHARDWAJ ) ps-I JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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