[Cites 14, Cited by 0]

Punjab-Haryana High Court

Masa Singh @ Massa Singh @ Mandeep Singh vs National Investigation Agency on 13 January, 2026

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

CRA-D
    D-762-2023(O&M)
CRA-D
    D-80-2023 (O&M)
CRA-D
    D-1360-2023 (O&M)                                       -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

(1)                                             CRA-D-762-2023 (O&M)
                                                Reserved on : 28.11.2025
                                                Date of Decision:13.01.2026.
                                                                :13.01.2026.


MASA SINGH @ MASSA SINGH @ MANDEEP
SINGH
                                                            ... Appellant


                                        V/S

NATIONAL INVESTIGATION AGENCY
                                                            ... Respondent


(2)                                             CRA-D-80-2023 (O&M)


HARJIT SINGH @ HARJIT
                                                            ... Appellant

                                        V/S

NATIONAL INVESTIGATION AGENCY

                                                            ... Respondent


(3)                                             CRA-D-1360-2023
                                                           2023 (O&M)

GURJANT SINGH
                                                            .... Appellant
                                        V/S

NATIONAL INVESTIGATION AGENCY
                                                            ... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
       HON'BLE MRS. JUSTICE RAMESH KUMARI

Present:      Mr. K.S. Dhillon, Advocate
              for the appellant in CRA-D
                                       D-762-2023.

              Mr. Pratham Sethi, Advocate
              for the appellant in CRA-D
                                       D-80-2023.

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      CRA-D
         D-762-2023(O&M)
     CRA-D
         D-80-2023 (O&M)
     CRA-D
         D-1360-2023 (O&M)                                    -2-

                 Mr. Bhanu Pratap Singh, Advocate
                 for the appellant(s) in CRA
                                         CRA-D-1360-2023.

             Mr. Sukhdeep Singh Sandhu, Special Prosecutor
             for the respondent-NIA.
                                     ***
     RAMESH KUMARI, J.

1. These three appeals have been filed under Section 21 of the National

Investigation Agency, 2008, against impugned orders, whereby bail

applications filed by the appellants (hereinafter referred as 'accused')

were dismissed by the Special Judge, NIA, SAS Nagar, Mohali, in RC

No. 20/2019/NIA/DLI 20/2019/NIA/DLI dated 23.09.2019, arising out of FIR No. 280

dated 05.09.2019. The said FIR had been registered for the offences

under Sections Section 304, 153-A, A, 120B of IPC, Sections 13, 18, 18A, 18B, 20

and 23 of Unlawful Activities (Prevention) Act, 1967 (for short 'UA(P)

Act') and Sections 3, 4 and 5 of Explosive Substance Substances Act, at Police

Station Sadar, Tarn Taran.

2. Bail application No. 166 of 2023 filed by Masa Singh @ Massa Singh @

Mandeep Singh (A-1) (A 1) was dismissed vide order dated 24.03.2023 by the

learned Special Special Judge, NIA, SAS Nagar, Mohali on the ground that

prima facie offences have been made out under Sections 120 120-B, 153--A

of IPC and Sections 13, 18 and 20 of UA(P) Act (while framing charges

by the Court) the rigour of Section 43D(5) of UA (P) Act are aapplicable.

pplicable.

3. Bail application No. 3188 of 2022 filed by the accused Harjit Singh @

Harjit (A-2) was dismissed vide impugned order dated 12.01.2023

primarily on the ground that allegation against him are serious in nature

and in view of the rigour of Section Section 43D(5) of UA (P) Act.

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4. Bail application No. 2985 of 2023 filed by accused Gurjant Singh (A--3)

was dismissed vide impugned order dated 13.10.2023, by the learned

Special Judge, NIA, Mohali on the ground of his involvement in the

conspiracy i.e. he actively actively participated in the commission of crime and

had been closely associated with criminal conspiracy relating to village

Pandori Gola bomb blast case.

5. For the sake of convenience, facts are being taken from the case titled as

Masa Singh @ Massa Singh @ Mandeep Singh Versus National

Investigation Agency (CRA-D-762-2023) (CRA 2023).

6. FIR No.280 dated 05.09.2019, Annexure A A-1, 1, was registered against

unknown persons on account of information received by Harsa Singh

SI/SHO, at Police Station Sadar, Tarn Taran that on the intervening night

of 04/05.9.2019, at about 8 pm, there was a bomb blast in a vacant land

on the link road leading from Tarn Taran to Patti near Pandori Gola

towards village Bath.

7. Initially, the FIR was registered for offences under Section 304 of IPC

and 4 and 5 of Explosive Substances Substance Act. During investigation, it was

found that accused Bikkar Singh @ Vikram @ Vicky (D (D-1),

1), Harpreet

Singh @ Happy @ Gujjar (D-2), (D 2), and Gurjant Singh (A (A-3)

3) were digging

a pit to retrieve explosives, which were buried in the plot. Due to impact

of digging tools on explosives an explosion took place, resulting in death

of Bikkar Singh @ Vikram @ Vicky (D (D-1)

1) and Harpreet Singh @ Happy

@ Gujjar (D-2), (D 2), on the spot, whereas accused Gurjant Singh (A (A-3)

3) was

seriously injured and lost vision of both of his eyes. Accused Harjit

Singh @ Harjit (A-2), (A 2), whose house is located near the place of incident

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provided spade for digging the explosives and also got the iinjured njured

Gurjant Singh (A-3) (A 3) admitted in Guru Nanak Hospital, Amri Amritsar.

Thereafter, NIA, re-registered re the case as RC/20/2019/NIA/DLI, in

compliance iance of order received vide F. F.No. No. 11011/47/2019/NIA dated

20.09.2019 from the Ministry of Home Affairs, Government of India and

the case was investigated by NIA.

8. During investigation, it was also found that in the year 2012 2012-2013, 2013,

Bikramjit Singh @ Bikkar Panjwar @ Bikkar Baba (A (A-9),

9), who was

working as Granthi had hatched a conspiracy to support Khalistan

movement by creating a terrorist gang to carry out terror activitie activitiess in

Punjab. He started selecting Pro-Khalistanti Pro Khalistanti minded radicalised persons

and he selected Masa Singh @ Massa Singh @ Mandeep Singh (A (A-1)

1),

Harjit Singh @ Harjit (A-2), (A 2), Gurjant Singh (A (A-3),

3), Chandeep Singh @

Gabbar Singh (A-4), (A 4), Sher Singh @ Shera (since deceased) (A-5),

5), A.S.

(name withheld as he was juvenile) (A (A-6),

6), Manpreet Singh @ Mann (A-

7), Amarjeet Singh @ Amar Singh (A (A-8),

8), Bikramjit Singh @ Bikkar

Panjwar @ Bikkar Baba (A-9), (A 9), Bikkar Singh @ Vikram @ Vicky (D (D--1)

and Harpreet Singh @ Happy @ Gujjar ((D-2)

2) and other unknown

persons.

9. During investigation, it was also found that these accused persons came

in contact with each other in 2015 during a protestt organized by them

against sacrilege incident of Sri Guru Granth Sahib and they formed a

terrorist gang due to similar religious thoughts and held meetings at terrorist

Amritsar and Tarn Taran.

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10. Bikramjit Singh @ Bikkar Panjwar @ Bikkar Baba (A (A-9)

9) shifted himself

from Amritsar to village Bachhare, Tarn Taran in the year 2016 and

started living at paternal house house of A.S. (name withheld as he was

juvenile) (A-6), (A 6), located between the houses of Gurjant Singh (A (A-3)

3) and

A.S. (name withheld as he was juvenile) (A (A-6).

6). He used to deliver

religious speeches to radicalised Sikh youths and posted photos, videos

relating to Khalistan and Referendum 2020. Accused Bikramjit Singh @

Bikkar Panjwar @ Bikkar Baba (A (A-9)

9) used to impart training on

explosives for making bombs by using potassium, chlorate, sulphur,

shrapnel and other materials to other co co-accused.. He also used to

demonstrate emonstrate how to make bombs by explosive materials and their

various combinations and their impact on different types of grounds and

this gang used to explode bombs for trial purpose also.

11. It was also found during investigation that iin the middle of July, uly, 2019,

Massa Singh @ Mandeep Singh (A-

(A-1), Harjit Singh @ Harjit (A-2),

2),

Gurjant Singh (A-3), (A 3), Sher Singh @ Shera (since deceased) (A (A-5)

5) and

Bikkar Singh @ Vikram @ Vicky (D-

(D-1) (since died) planned to attack

Muradpura Dera of Divya Jyoti Jagran Sansthan in Tarn Taran by

throwing bombs in the night of 04.09.2019.

12. On 04.09.2019 in the afternoon Masa Singh @ Massa Singh @ Mandeep

Singh (A-1) (A 1) received a call from Harjit Singh @ Harjit (A (A-2) informing

that they would be ready with bombs to target the der deraa during the night

hours. Around 08:24 pm Harjit Singh @ Harjit (A (A-2)

2) telephonically

asked Masa Singh @ Massa Singh @ Mandeep Singh (A (A-1) to reach

Guru Nanak Super Speciality Hospital Hospital, Amristar. Around 9 pm, Masa

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Singh @ Massa Singh @ Mandeep Singh (A (A-1)

1) reached near the house

of Harjit Singh @ Harjit (A-2) (A 2) and the parents of Harjit Singh @ Harjit

(A-2) informed him that Gurjant Singh (A (A-3)

3) has been seriously injured

and Harjit Singh @ Harjit (A-2) (A had taken him to hospital. Later on

Masa Singh @ Massa Singh @ Mandeep Singh (A (A-1) went to the spot

and found A.S. (name withheld) (A-6) (A 6) and other local boys who were

searching for the bodies of Bikkar Singh @ Vikram @ Vicky (D (D-1)

1) and

Harpreet Singh @ Happy @ Gujjar (D-

(D-2).

13. Mr. K.S. Dhillon, learned counsel for the accused accused- Massa Singh

contended that Masa Singh @ Massa Singh @ Mandeep Singh (A (A-1)

1) is

having 100% disability in his legs. He is in custody since 15.09.2019.

Learned Special Court committed error in dismis dismissing sing his application for

grant of bail. There is no evidence against him and a false case is

implanted upon him. Accused ccused is neither member of any terrorist

gang/organization nor the prosecution had produced any cogent evidence

in this regard. He never indulged lged in any unlawful activities. No

incriminatory substance has been recovered from him. His mobile phone

was taken into possession but nothing incriminatory has been extracted

from his mobile phone. Any statement made by him while in custody is

not admissible admissible under Section 25 of the Indian Evidence Act. He has not

indulged in any activity which could constitute any threat to Government

of India as by law established nor could the same give rise to feeling of

enmity or hatred among different community or religious groups.

14. Mr. Pratham Sethi, Advocate for the accused Harjit Singh @ Harjit (A (A--2)

contended that he has no role in the explosion, which took place in the

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intervening night of 4/5.9.2019 at village Pandori Gola. He never

participated in any terrorist activities. He is not an eye eye-witness witness of any

explosion. He did not take injured Gurjant Singh (A (A-3)

3) to the hospital.

Harjit Singh @ Harjit (A-2) (A 2) is permanent resident of village Pindori

Gola, Tarn Taran, and his house is in the vicinity where explosion took

place. Learned Learned Additional Sessions Judge placed undue reliance upon the

scrutiny report of mobile phone of accused Harjit Singh @ Harjit (A (A--2)

and wrongly concluded that he was inclined towards the idea of

Khalistan as he has friends on his social media account of facebook, who

used to promote khalistan. Learned trial Court wrongly relied upon the

connectivity chart that the appellant was in touch with other accused

through alleged six mobiles. Nothing incriminatory was recovered from

the possession of accused Harjit Singh @ Harjit (A (A-2).. The alleged

recovery of books, articles which formed par partt of final report were

recovered from the house of co-accused co accused i.e Gurjant Singh (A-3) and co-

accused Manpreet Singh @ Mann (A (A-7)

7) and Amarjeet Singh @ Amar

Singh (A-8).

(A The learned counsel for the accused vehemently prayed for

setting aside the impugned order order dated 12.01.2023 and for release of

accused Harjit Singh @ Harjit (A-2) (A on regular bail.

15. Mr. Bhanu Pratap Singh, counsel for the accused accused-Gurjant Singh (A--3)

also contended that he was falsely y implicated in this case. He was not

named in the original FIR. Nothing incriminatory was recovered from

him. There is no substantial evidence to bring him under the ambit of

charge under Section 20 of UA (P) Act. The accused has already

undergone custody of more than six years and he cannot be kept in

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indefinite detention just on account that allegations against him are

serious in nature.

nature. The accused Gurjant Singh (A (A-3) was implicated for

the reason that he was present on the spot where the alleged blast took

place. He was not known to other co co-accused. Gurjant Singh (A-3) is

baptized Sikh, whereas the deceased Bikkar Singh @ Vikram @ Vicky

(D-1),

1), Harpreet Singh @ Happy @ Gujjar (D (D-2),

2), were followers of

Christianity and Divya Jyoti Jagran Sansthan, Noormahal, as stated by

PW4-Kulwinder Kulwinder Singh and PW-5 PW Jaspal pal Singh.

16. All the three learned counsel for the accused vehemently prayed that

these three accused are entitled for benefit of regular bail on the ground

of parity as well because three co-accused accused of this case i.e. Manpreet

Singh @ Mann (A-7), (A Amarjeett Singh @ Amar and Chandeep Singh @

Gabbar Singh (A-4) (A 4) were released on regular bail vide order dated

07.12.2022, 14.01.2022 and 06.09.2023, respectively by a co co-ordinate ordinate

Bench of this Court.

17. In support of their contention, learned counsel for accuse accused d also relied

upon following judgments of Hon'ble Apex Court:

Court:-

1. Tapas Kumar Palit Versus State of Chhatisgarh, 2025 SCC OnLine SC 322

2. Athar Parwez Versus Union of India, 2024 SCC OnLine SC 3762

3. Shoma Kanti Sen n Versus Stare of Maharashtra and another, 2024 SCC OnLine SC498

4. Javed Gulam Nabi Shaikh Versus State of Maharashtra and another, 2024 SCC OnLine SC 1693

5. Shaikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari Versus State of Uttar Pradesh, 2024 SCC OnLine SC

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6. Jalaluddin Khan Versu Versuss Union of India, 2024 SCC OnLine SC 1945

7. Vernon Versus State of Maharashtra and another, 2023 SCC OnLine SC 885

8. Mukesh Salam Versus State of Chhatisgarh and another, Special Leave to Appeal (Crl.) 3655/2024 3655/2024.

9. Union of India Versus K.A. Najeeb (202 (2021) 3 SCC 713.

18. Mr. Sukhdeep Singh Sandhu, learned counsel for the NIA, after referring

the reply filed by the NIA and charges framed against the accused cused by

learned trial Court, Court submitted that the accused learnt making of crude

improvised bombs from Bikramjit Singh @ Bikkar Panjwar @ Bikkar

Baba (A-9), (A who had radicalised the like minded persons and had been

organizing unlawful activities against the unity and integrity of State. All

the three accused are in touch with Gurpatwant Singh Pannu Pannu, who is

running campaign against the State under the banner 'Sikh Sikh for Justice' Justice

and 'Referendum 2020' and in furtherance of their conspiracy, they had

concealed the explosive substance and bombs etc. in n a vacant plot in

village Pandori Pando Gola on Patti Tarn Taran Road Road. They planned to throw

the bomb on Dera Divya Jyoti Jagran Sansthan at Muradpura in Tarn

Taran. To extract the concealed bombs and explosive material, accused

Harjit Singh @ Harjit (A-2) (A provided spade to accused Gurjant Singh

(A-3) but the explosion took place and Gurjant Singh (A-3) lost vision of

both of his eyes. Accused Harjit Singh @ Harjit (A-2), got Gurjant Singh

admitted in the hospital. The whole activity was undertaken at the

instance of accused Masa Singh @ Massa Singh @ Mandeep Singh (A-

1). He cannot take the benefit of the fact that he is suffering from

disability from his legs. He is paralyzed since birth but he indulged in 9 of 17

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terrorist activities promoting disharmony, enmity, hatred and ill ill-will will

between various religious communities. The allegations against the

accused who were ordered to be released on regular bail, are different accused,

from the allegation against these three accused and therefore, erefore, the present

accused cannot be released on bail on the ground of parity. He

vehemently prayed for dismissal of bail application application.

19. Section 43D(5) 43D of UA (P) Act engrafts an embargo on grant of bail in

case prima facie cases found to be made out against the accused. This

Section reads as under:-

under:

Notwithstanding anything contained in the "43D(5)-Notwithstanding Code (Criminal Procedure Code, 1973), no person accused of an offence punishable under Chapters V and VI of this Act shall be released on bail or on his ownn bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release.

Provided that such accused person shall not be rre- leased on bail or on his own bond if the Court, on a perusal of the case diary or the Re Report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true."

20. In Tapas Kumar Patil's case Hon'ble Apex Court gave benefit of regular

bail to accused accused because he was arrested in 2020 because of slow progress

in the trial.

trial However, owever, the alleged recovery from the possession of

accused was also considered which was 95 pairs of shoes, green black

printed cloth, two bundles of electric wire each of 100 meter, led lens,

walky--talky and other articles.

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21. In Athar Parvez's case (supra), upra), accused was given benefit of bail

because after his arrest till the decision of bail application by Hon'ble

Supreme Court, charges were not framed against him.

22. In Soma Kanti Sen's and Vernon's cases (supra), the allegation was

that in Cultural programme dated 31.12.2017 at Shanivarwada, Pune,

provocative speeches were delivered and there were cultural

performances, which had the effect of creating enmity between caste

groups, resulting in disruption of communal harmony, violence and loss

of life.

e. Initially, the said FIR was registered against organisers of Elgar

Parishad event, which included activists of cultural body known as Kabir

Kala Manch. Certain literature electronic devices and mobile phones

were recovered from the possession of both tthe accused.

There here was no allegation of causing explosion against these two accused

in the said case.

23. In Javed Gulam Nabi Shaikh's case (supra), the prosecution allegation

against the accused were smuggling of counterfeit notes from Pakistan to

Mumbai. The accused allegedly visited Dubai and when he was in Dubai,

he is said to have received counterfeit currency notes from one of the

absconding accused persons.

24. In Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari's case (supra),

the allegation against the accused was engaging in illegal trade of supply

of counterfeit Indian currency notes in Nepal.

25. In Jalaluddin Khan's case (supra), pra), the prosecution allegation against the

accused was that his wife was owner of a building known as Ahmad

Palace and that the first floor of the said building was given on rent to

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one Athar Parvez and that the first floor premises were being used for

objectionable activities of an organization called Popular Front of India

(PFI) and there was allegedly no connection between the activities of

said organization and accused. The accused of that case was arrested on

12.07.2022 and the building where unlaw unlawful ful activities took place was

owned by his wife and accused was retired police constable. There was

alleged recovery of incriminating article and documents pertaining to the

organization PFI. In the said case, there was no recovery of explosive

substance etc. e

26. In Mukesh Salam's case (supra), out of 14 accused, 12 accused were

already granted bail either by the High Court or by Hon'ble Apex Court

and only 40 witnesses had been examined by the time bail application of

accused came for hearing.

27. In K. A. Najeeb's case (supra), co-accused accused were already convicted and

sentenced for eight years, K.A. Najeeb was proclaimed offender at that

time and supplementary challan against him was presented. He had

already spent about 5 years in custody and there was certa certainty inty of

sentence which could have been awarded to him i.e. 8 years in case of

his conviction and therefore, he was enlarged on regular bail as the

period of incarceration already undergone had exceeded the substantial

part of prescribed sentence.

sentence

28. The facts of all the cases relied upon by learned counsel for the accused

are different from the facts of this case and cannot be applied to the facts

of the present case.

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29. The prosecution allegations are that in the powerful bomb explosion,

Gurjant Singh (A-3) received injuries and he lost vision of both of his

eyes. He was got admitted in hospital by the accused Harjit Singh @

Harjit (A-2) (A and spade for digging the pit where explosive material was

concealed was also provided to Gurjant Singh (A-3) by accused Harjit concealed, Harj

Singh @ Harjit (A-2) and in the explosion, Bikkar Singh @ Vikram @

Vicky (D-1), (D 1), Harpreet Singh @ Happy @ Gujjar (D (D-2) lost their lives.

Since, Gurjant Singh (A-3) himself received injuries in the explosion,, it

prima facie proves his presence at site of blast. Harjit Singh @ Harjit (A-

2) allegedly took him to the hospital and provided the spade for digging;

digging

which also proves Harjit Singh @ Harjit (A-2) at prov the presence of accused Harji

the site of blast. The blast site was adjacent to the rice fields owned by

accused Harjit Harji Singh @ Harjit (A-2).

30. During the investigation, Harjit Singh @ Harjit (A (A-2) allegedly suffered

disclosure statement on 06.10.2019 that he had been associated with

Gurjant Singh (A-3) Vikram @ Vicky @ Bikkar Singh (D-1) and

Harpreet Singh @ Happy, (D-2) and other associates including Bikkar

Singh @ Bikkar Baba Sodhi.

He also stated that he h had 04 below mentioned Facebook Ids,, which

were used to send/ receive and share messages with his Facebook friends,

he used to receive rece ve photographs, videos, messages related to khalistan. He

also liked, like shared and madee comment comments on the shared articles. These

photographs, videos, messages and lec lectures tures were meant for radicalizing

of youth. His Facebook Ids are:-

1. Facebook Id: harjitsingh.harjitsingh.35728 harjitsingh.harjitsingh.35728

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2. https://www.facebook.com/harlitsingh.harjitsingh.33234 https://www. ebook.com/harlitsingh.harjitsingh.33234

3. Facebook URL: https://www.facebook.com/people/Har https://www.facebook.com/people/Harjit

Singh/ 100023305638876

4. Facebook id: harjitsingh.singh.773

Apart from this, this he had been using Facebook Id 8872642918 of his wife.

wife

31. It was also found during investigation on the basis of extracted mobile

data of Harjit Singh @ Harjit (A-2) (A that he was in contact with other

accused. He was facebook friend of one Ranjeet, who used to upload

incriminating contents against Government Government of India and support

'Referendum eferendum 2020' on facebook. On 12.07.2018, the said facebook

friend of accused uploaded that "India "India is a terrorist country Khalistan

Zindabad 2020", 2020", which clearly indicated that Harjit Singh @ Harjit (A-2) (A

was in touch with Khalistani supporter supporters through social media platform.

Besides above, scrutiny of his facebook reveals that he had lots of

Pakistani nationals in his friend list. He used to watch video of SFJ

lawyer Gurpatwant Singh Pannu, who is stated to be chief patron of the

unlawful association namely "Sikhs For Justice", and running

secessionist campaign under the name "Referendum 2020"

2020".

32. The allegation against accused Masa Singh @ Massa Singh @ Mandeep

Singh (A-1) (A 1) are that 7 mobile phones, his cloth clothes, battery like object,

176 number, shrapnel and 6 cartridges were recovered from him. He is

also stated to be in touch with accused Harjit Singh @ Harjit (A (A-2),

2),

Gurjant Singh (A-3), (A Sher Singh @ Shera (since deceased) (A (A-5),

5), A.S.

(name withheld as he was was juvenile), Bikramjit Singh @ Bikkar Panjwar

@ Bikkar Baba (A-9), (A 9), Bikkar Singh @ Vikram @ Vicky (D (D-1) (since

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died) and Harpreet Singh @ Happy @ Gujjar (D (D-2), (since died). The

data allegedly extracted from his mobile phone indicate indicates that he used to

share anti-India anti posts,, incriminating video videos pertaining to Bhindrawala,, in

which some of the people were raising slogans "Khalistan Zindabad".

Zindabad

Contacts of Gurjant Singh (A-3) (A and Bikkar Singh @ Vikram @ Vicky

(D-1)

1) (since died) were also recovered from his mobile.

33. These three accused cannot take benefit of bail order in favour of co-

accused Manpreet Singh @ Mann (A-7),

7), Amarjeet Singh @ Amar Singh

(A-8) and Chandeep Singh @ Gabbar Singh (A (A-4) as their role and

evidence collected against them is different different. The evidence collected

against the present applicants clearly shows their involvement in the

offences.

34. The allegation against the present accused are that on the directions of

accused Masa Singh @ Massa Singh @ Mandeep Singh (A (A-1),

1), accused

Harjit Singh @ Harjit (A-2), (A 2), Gurjant Singh (A (A-3)

3) and Bikkar Singh @

Bikram @ Vicky (D-1) (D 1) and Harpreet Singh @ Happy (D-2) had

prepared the crude bombs, concealed the sam same by burying them in

vacant field near the house of Harjit Singh @ Harjit (A (A-2)

2) at village

Pandori Gola, PS Sadar, District Tarn Taran Taran.. On 04.09.2019, when

accused Harjit Singh @ Harjit (A-2), (A 2), Gurjant Singh (A (A-3)

3) and Bikkar

Singh @ Bikram @ Vicky (D-1) (D 1) and Harpreet Singh @ Happy (D (D--2)

were digging a pit to retrieve the concealed explosives for execution of

their plan of throwing the said said bombs on Dera Divya Jyoti Jagran

Sansthan at Muradpur, Tarn Taran, accidently the bombs exploded

during retrieving and as a result of explosion, accused Bikkar Singh @

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Bikram @ Vicky (D-1) (D and Harpreet Singh @ Happy @ Gujjar (D (D--2)

died and Gurjant Singh (A-3)

3) got seriously injured. The learned trial

Court rightly held that the allegations against the present accused are

serious in nature. There exists prima facie case against them regarding

their involvement in the offence of indulging in terrorist activi activities, ties, which

amounts to endangering the unity and integrity of country and creating

disharmony, ill-will ill will and hatred amongst different religious groups.

35. In view of above discussion, the accused are not entitled for release on

regular bail. Accordingly, the appeals filed by accused are dismissed.

36. However, we cannot overlook the fact that the aaccused ccused are in custody

since 15.09.2019 and as on the day only nly 26 prosecution witnesses, out of

total 158 (after pruning the list) prosecution witnesses have been

examined by the trial Court. As such, the trial Court is directed to take

the following steps for expeditious conclusion of the trial:

trial:-

(i) The trial Court shall frame a schedule of dates in advance for summoning the witnesses and shall also endeavour to record the statements of the PWs whose presence is duly secured. Special Messengers be deputed for securing the presence of the prosecution witnesses. If deemed necessary, a letter may be written to the Senior Superint Superintendent of Police, concerned, for getting the needful done for ensuring timely presence of prosecution witnesses; and

(ii) The prosecution is directed to ensure the presence of all the prosecution witnesses before the trial Court on the dates as may be fixedd by the trial Court for rrecording prosecution evidence. The District Attorney concerned to take necessary steps for the purpose of

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securing curing the presence of the remaining prosecution witnesses.

37. Pending application(s), if any, is/are also dismissed.

38. Any observations made herein above while deciding these appeals shall

have no bearing on the merits of the case.




         ( GURVINDER SINGH GILL )                     ( RAMESH KUMARI )
                 JUDGE                                     JUDGE

     13.01.2026
     pooja saini
     Whether Speaking/Reasoned               Yes/No
     Whether Reportable                      Yes/No




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