[Cites 7, Cited by 0]

Punjab-Haryana High Court

Dharuvpreet Singh vs State Of Punjab on 22 January, 2026

CRM-M No.71497 of 2025                                                 -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
217
                                      *****

                                                    CRM-M No.71497 of 2025
                                                   Date of decision : 22.1.2026
                                                  Date of uploading : 22.1.2026

Dharuvpreet Singh                                        .............Petitioner
                                        Versus
State of Punjab                                           .......Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present: Mr. Hitesh Chopra, Advocate and
         Mr. Amit Kumar, Advocate, for the petitioner

           Mr. Jaypreet Singh, DAG, Punjab

           ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of

regular bail to the petitioner in case FIR No.179 dated 20.9.2025 under

Sections 111, 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections

25/54/59 of Arms Act, 1959, registered at Police Station City Batala,

Tehsil Batala, District Gurdaspur.

2. The case set up in the FIR in question (as set out in the present

petition by the petitioner) is as follows:-

'Chief Munshi Jai Hind, I, SI/SHO along with SI Balraj Singh 1512, SI Ravinder Singh 2255, ASI Rajiv Kumar 2364, ASI Baljinder Singh 2730, SR/CT Kuldeep Singh 2226, SR/CT Jagdeep Singh 2961, SR/CT Deepakjot Singh 1827, proceeded in a Government vehicle number PB65-BG-7358, being driven by driver ASI Nareshpal 2561, for special patrolling and

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were present at Gandhi Chowk, where ASI Malkit Singh 2575, ASI Gagan Sharma 2667, HC Suraj Kumar 2799, CIA staff Batala met us, whose party was included in our party, on which ASI Malkit Singh 2575 informed me that "I have received information from a special informant that Dhruvpreet Singh son of Rajpal Singh, Karan Kumar son of Jagdish Raj resident of Labor Quarter Urban Estate, Police Station Civil Line Batala and Narinder Singh son of Harjinder Singh, Manvir Singh son of Kapoor Chand alias Rishi, resident of Kotli Surat Mallia, Police Station Kotli Surat Mallia who have criminal connections with gangsters and are currently working in the gangster group of Hushan resident of Sahbadia who also have illegal pistols with them and are committing crimes in the city and amongst them even today Dhuruvpreet Singh and Karan Kumar on their Activa scooter number PB06AM-3106 and Narinder Singh and Manvir Singh on their motorcycle CD DE LEX number PB 06 AW-9200 are roaming in the city in the Institute built at Chitti Ground and RR Bawa College Road in an attempt to commit any criminal crime. If a barricading is done now in the city and the search regarding suspicious person in the city is carried out, then Dhruvpreet Singh and Karan Kumar along with their Activa scooter number PB06AM-3106 and Narinder Singh and Manvir Singh will be caught while roaming on their motorcycle CD DE LEX number PB 06 AW-9200. From whom, illegal pistols can also be recovered from them. Since this information of the informant being true, reliable and unfounded, Dhruvpreet Singh son of Rajpal Singh, Karan Kumar son of Jagdish Raj resident of Labor Quarter Urban Estate, Police Station Civil Line Batala and Narinder Singh son of Harjinder Singh, Manvir Singh son of Kapoor Chand alias Rishi resident of Kotli Surat Mallia, Police Station Kotli Surat Mallia have been found to have committed the offence under Section 111 BNS and 25-54-59 ARM ACT, by involving in a criminal activities associated with a gangster group and possessing illegal pistols, upon which a ruqa is being written against Dhruvpreet Singh, Karan Kumar, Narinder Singh, Manvir Singh and sent by hand through SR/CT Jagdeep Singh 2961 to the police station, for registration of FIR. After registration of the case, FIR number should be informed. Special reports should be issued and sent to the service of the Area Magistrate Sahib and higher officers. The control room should be informed through wireless message. The PCR and other patrols running in the city should be informed about this information and told to conduct

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checking of the suspected persons. Sd/- Sukhjinder Singh SI Station House Officer Police Station City Batala Dated 20-9-2025 Today, under the jurisdiction at area Gadhi Chowk Batala AT 10-10 PM. Today, upon receipt of written ruqa in the police station, FIR under above said offences against above said accused is being registered in CCTNS software.

Original ruqa along with the copy of FIR is being sent by hand through SR/CT to the designated Station House Officer, who is present at the spot for investigation. Special reports are being issued and are being sent by hand through LR/ASI Kabal Singh No. 2132/Batala to the service of Area Magistrate Sahib and other officers. The control room is being informed. via email.'

3. Learned counsel for the petitioner has argued that the petitioner

is in custody since 20.9.2025. Learned counsel has further argued that the

petitioner has been falsely implicated into the FIR in question. Learned

counsel has further argued that, assuming arguendo, the prosecution

version is taken to be correct, the petitioner has been found in possession

of one 12 bore country made pistol alongwith 2 live cartridges, which

have been planted by the petitioner. Learned counsel has further argued

that mandatory provision of law regarding effecting recovery from the

petitioner has not scrupulously been complied with. Thus, regular bail is

prayed for.

4. Learned State counsel has opposed the present petition by

arguing that the allegations raised are serious in nature and thus the

petitioner does not deserve the concession of the regular bail. Learned

State counsel seeks to place on record custody certificate dated 21.1.2026

in Court, which is taken on record.

5. I have heard counsel for the parties and have gone through the

available records of the case.

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6. The petitioner was arrested on 20.9.2025 wherein after

investigation was carried out and challan stands presented on 18.12.2025.

Total 14 prosecution witnesses have been cited but none has been

examined till date. It is thus indubitable that culmination of trial will take

its own time. The rival contentions raised by learned counsel give rise to

debatable issues which shall be ratiocinated upon during the course of

trial. This Court does not deem it appropriate to delve deep into these

rival contentions, at this stage, lest it may prejudice the trial. Nothing

tangible has been brought forward to indicate the likelihood of the

petitioner absconding from the process of justice or interfering with the

prosecution evidence.

6.1 As per custody certificate dated 21.1.2026 filed by learned State

counsel, the petitioner has already suffered incarceration for a period of 3

months and 26 days. As per the said custody certificate, the petitioner is

stated to be involved in one more FIR registered under the NDPS Act.

Indubitably, the antecedents of a person are required to be accounted for

while considering a regular bail petition preferred by him. However, this

factum cannot be a ground sufficient by itself, to decline the concession of

regular bail to the petitioner in the FIR in question when a case is made

out for grant of regular bail qua the FIR in question by ratiocinating upon

the facts/circumstances of the said FIR. Reliance in this regard can be

placed upon the judgment of the Hon'ble Supreme Court in Maulana

Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR

(Criminal) 586; a Division Bench judgment of the Hon'ble Calcutta High

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Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 &

judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh

Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of

Haryana, 1998 (3) RCR (Criminal) 191.

Suffice to say, further detention of the petitioner as an undertrial

is not warranted in the facts and circumstances of the case.

7. In view of above, the present petition is allowed. Petitioner is

ordered to be released on regular bail on his furnishing bail/surety bonds

to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However,

in addition to conditions that may be imposed by the concerned

CJM/Duty Magistrate, the petitioner shall remain bound by the following

conditions:-

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.