CRM-M-57513- IN THE HIGH COURT OF PUNJAB AND HARYANA Kirpal Singh @ pala State of Punjab CORAM : HON'BLE MS Present: Mr. H.S.Sidhu, Advocate for the petitioner Mr. H.S.Wadhwa, DAG Punjab. MANDEEP PANNU J. 1. This is the first bail application under Section 483 of the Nagarik Suraksha Sanhita, 2023 for the grant of regular bail in FIR No. 162 dated 13.12.2019, registered under Sections 307, 224, 332, 353, 186, 130, 148, 149, 201, 483, 411, 120-B IPC, 1860 and Section 25 of the Arms Act, 1959 at Police Station Moonak, District Sangrur, during the pendency of the trial. 2. As per the prosecution version, on 13.12.2019, ASI Baldev Singh along with other police officials was escorting under @ Gaggi from Central Jail, Bathinda to the Co Court, while returning, a Brezza car bearing No. PB near the court complex at Moonak. 4 at the police party with the intention to rescue During the occurrence, one police official sustained a bullet injury and Bhagwan Singh @ Gaggi was forcibly freed from police custody by the assailants, who fled from the spot along with him. The present FIR was registered on the basis of the statement of ASI Baldev Singh. -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Kirpal Singh @ pala HON'BLE MS. JUSTICE MANDEEP PANNU Mr. H.S.Sidhu, Advocate for the petitioner Mr. H.S.Wadhwa, DAG Punjab. -.- MANDEEP PANNU J. (Oral) This is the first bail application under Section 483 of the Nagarik Suraksha Sanhita, 2023 for the grant of regular bail in FIR No. 162 dated 13.12.2019, registered under Sections 307, 224, 332, 353, 186, 130, 148, 149, 201, B IPC, 1860 and Section 25 of the Arms Act, 1959 at Police Station Moonak, District Sangrur, during the pendency of the trial. As per the prosecution version, on 13.12.2019, ASI Baldev Singh along with other police officials was escorting under @ Gaggi from Central Jail, Bathinda to the Co Court, while returning, a Brezza car bearing No. PB near the court complex at Moonak. 4–5 unidentified persons allegedly opened fire at the police party with the intention to rescue During the occurrence, one police official sustained a bullet injury and Bhagwan Singh @ Gaggi was forcibly freed from police custody by the assailants, who fled from the spot along with him. The present FIR was registered on the basis statement of ASI Baldev Singh. -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57513-2025 (O&M) Date of Decision : 11.02.2026 ....Petitioner ....Respondents MANDEEP PANNU Mr. H.S.Sidhu, Advocate for the petitioner. This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail in FIR No. 162 dated 13.12.2019, registered under Sections 307, 224, 332, 353, 186, 130, 148, 149, 201, B IPC, 1860 and Section 25 of the Arms Act, 1959 at Police Station Moonak, District Sangrur, during the pendency of the trial. As per the prosecution version, on 13.12.2019, ASI Baldev Singh along with other police officials was escorting under-trial prisoner Bhagwan Singh @ Gaggi from Central Jail, Bathinda to the Court at Moonak. After production in Court, while returning, a Brezza car bearing No. PB-05-AG-6605 intercepted them 5 unidentified persons allegedly opened fire at the police party with the intention to rescue accused-Bhagwan Singh @ Gag During the occurrence, one police official sustained a bullet injury and accused Bhagwan Singh @ Gaggi was forcibly freed from police custody by the assailants, who fled from the spot along with him. The present FIR was registered on the basis Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail in FIR No. 162 dated 13.12.2019, registered under Sections 307, 224, 332, 353, 186, 130, 148, 149, 201, B IPC, 1860 and Section 25 of the Arms Act, 1959 at Police Station As per the prosecution version, on 13.12.2019, ASI Baldev Singh trial prisoner Bhagwan Singh urt at Moonak. After production in 6605 intercepted them 5 unidentified persons allegedly opened fire ggi. accused Bhagwan Singh @ Gaggi was forcibly freed from police custody by the assailants, who fled from the spot along with him. The present FIR was registered on the basis TRIPTI SAINI 2026.02.11 17:53 I attest to the accuracy and integrity of this document CRM-M-57513- 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner was neither named in the original FIR nor is there any allegation of hi involvement therein. His name has surfaced only on the basis of the disclosure statement of a co disclosure statement has no evidentiary value. 4. It is further argued that at the time of the a petitioner was already in judicial custody and, therefore, the question of his participation in the alleged incident does not arise. The petitioner was subsequently arrested in the present case on production warrants. No recovery has from the petitioner and no specific overt act has been attributed to him. 5. Learned counsel further submits that co Singh @ Gaggi and others, have already been granted the concession of regular bail and the case custody since 19.12.2019, the investigation stands completed, report under Section 173 Cr.P.C. has been presented and the trial is likely to take considerable time for its conclusion. It is, th 6. Learned State counsel has filed a detailed status on record and has opposed the bail application. It is contended that the present case pertains to a grave and serious o pre-planned criminal conspiracy, facilitated the escape of under Bhagwan Singh @ Gaggi from police custody by firing upon the police party, resulting in injuries to a police official. It is sub Singh @ Pala played a specific role in hatching the conspiracy for rescuing the accused from lawful custody and was subsequently nominated on the basis of -2025 (O&M) Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner was neither named in the original FIR nor is there any allegation of hi involvement therein. His name has surfaced only on the basis of the disclosure statement of a co-accused, who himself was not named in the FIR, which disclosure statement has no evidentiary value. It is further argued that at the time of the a petitioner was already in judicial custody and, therefore, the question of his participation in the alleged incident does not arise. The petitioner was subsequently arrested in the present case on production warrants. No recovery has from the petitioner and no specific overt act has been attributed to him. Learned counsel further submits that co Singh @ Gaggi and others, have already been granted the concession of regular bail and the case of the petitioner is on parity with them. The petitioner is in custody since 19.12.2019, the investigation stands completed, report under Section 173 Cr.P.C. has been presented and the trial is likely to take considerable time for its conclusion. It is, thus, prayed that the petitioner be released on regular bail. Learned State counsel has filed a detailed status and has opposed the bail application. It is contended that the present case pertains to a grave and serious offence wherein the accused, in furtherance of a planned criminal conspiracy, facilitated the escape of under Bhagwan Singh @ Gaggi from police custody by firing upon the police party, resulting in injuries to a police official. It is sub Singh @ Pala played a specific role in hatching the conspiracy for rescuing the accused from lawful custody and was subsequently nominated on the basis of -2- Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner was neither named in the original FIR nor is there any allegation of his direct involvement therein. His name has surfaced only on the basis of the disclosure accused, who himself was not named in the FIR, which It is further argued that at the time of the alleged occurrence, the petitioner was already in judicial custody and, therefore, the question of his participation in the alleged incident does not arise. The petitioner was subsequently arrested in the present case on production warrants. No recovery has been effected from the petitioner and no specific overt act has been attributed to him. Learned counsel further submits that co-accused, including Bhagwan Singh @ Gaggi and others, have already been granted the concession of regular of the petitioner is on parity with them. The petitioner is in custody since 19.12.2019, the investigation stands completed, report under Section 173 Cr.P.C. has been presented and the trial is likely to take considerable time for us, prayed that the petitioner be released on regular bail. Learned State counsel has filed a detailed status report, which is taken and has opposed the bail application. It is contended that the present case ffence wherein the accused, in furtherance of a planned criminal conspiracy, facilitated the escape of under-trial prisoner Bhagwan Singh @ Gaggi from police custody by firing upon the police party, resulting in injuries to a police official. It is submitted that the petitioner Kirpal Singh @ Pala played a specific role in hatching the conspiracy for rescuing the accused from lawful custody and was subsequently nominated on the basis of Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner was s direct involvement therein. His name has surfaced only on the basis of the disclosure accused, who himself was not named in the FIR, which lleged occurrence, the petitioner was already in judicial custody and, therefore, the question of his participation in the alleged incident does not arise. The petitioner was subsequently been effected accused, including Bhagwan Singh @ Gaggi and others, have already been granted the concession of regular of the petitioner is on parity with them. The petitioner is in custody since 19.12.2019, the investigation stands completed, report under Section 173 Cr.P.C. has been presented and the trial is likely to take considerable time for report, which is taken and has opposed the bail application. It is contended that the present case ffence wherein the accused, in furtherance of a trial prisoner Bhagwan Singh @ Gaggi from police custody by firing upon the police party, mitted that the petitioner Kirpal Singh @ Pala played a specific role in hatching the conspiracy for rescuing the accused from lawful custody and was subsequently nominated on the basis of TRIPTI SAINI 2026.02.11 17:53 I attest to the accuracy and integrity of this document CRM-M-57513- material collected during investigation. The vehicle used in the cr affixed with a fictitious number plate and further offences were added during investigation. It is further contended that the petitioner has a long criminal history, with as many as 45 other criminal cases registered against him, reflecting h habitual involvement in serious offences. Though the petitioner is in custody for the last 5 years and 8 months, the gravity of the offence, his criminal antecedents and the role attributed to him in the present case, he is not entitled to the concession of regular bail and the present petition deserves dismissal. 7. I have heard learned counsel for the parties and have gone through the record with their able assistance. 8. The allegations in the present case are prosecution case is that a pre of an under-trial prisoner from police custody and, in furtherance thereof, armed assailants intercepted the police party and opened fire, res police official and facilitating the escape of the accused. As per the status report, the present petitioner is alleged to have played a role in the conspiracy leading to the commission of the said offence. 9. The record further re offender. As many as 45 other criminal cases are stated to have been registered against him. The nature of these cases includes offences under Sections 395, 399, 402 IPC, offences under the Ar criminal conspiracy, attempt to murder, dacoity, unlawful activities and prison related offences. The sheer number and gravity of the cases reflect a consistent -2025 (O&M) material collected during investigation. The vehicle used in the cr affixed with a fictitious number plate and further offences were added during investigation. It is further contended that the petitioner has a long criminal history, with as many as 45 other criminal cases registered against him, reflecting h habitual involvement in serious offences. Though the petitioner is in custody for the last 5 years and 8 months, learned State cou the gravity of the offence, his criminal antecedents and the role attributed to him in se, he is not entitled to the concession of regular bail and the present petition deserves dismissal. I have heard learned counsel for the parties and have gone through the record with their able assistance. The allegations in the present case are prosecution case is that a pre-planned conspiracy was hatched to secure the release trial prisoner from police custody and, in furtherance thereof, armed assailants intercepted the police party and opened fire, res police official and facilitating the escape of the accused. As per the status report, the present petitioner is alleged to have played a role in the conspiracy leading to the commission of the said offence. The record further reveals that the petitioner is not a first offender. As many as 45 other criminal cases are stated to have been registered against him. The nature of these cases includes offences under Sections 395, 399, 402 IPC, offences under the Arms Act, NDPS Act, offences relating to criminal conspiracy, attempt to murder, dacoity, unlawful activities and prison related offences. The sheer number and gravity of the cases reflect a consistent -3- material collected during investigation. The vehicle used in the crime was found affixed with a fictitious number plate and further offences were added during investigation. It is further contended that the petitioner has a long criminal history, with as many as 45 other criminal cases registered against him, reflecting h habitual involvement in serious offences. Though the petitioner is in custody for unsel submits that keeping in view the gravity of the offence, his criminal antecedents and the role attributed to him in se, he is not entitled to the concession of regular bail and the present I have heard learned counsel for the parties and have gone through the The allegations in the present case are of very serious nature. The planned conspiracy was hatched to secure the release trial prisoner from police custody and, in furtherance thereof, armed assailants intercepted the police party and opened fire, resulting in injuries to a police official and facilitating the escape of the accused. As per the status report, the present petitioner is alleged to have played a role in the conspiracy leading to veals that the petitioner is not a first-time offender. As many as 45 other criminal cases are stated to have been registered against him. The nature of these cases includes offences under Sections 302, 307, ms Act, NDPS Act, offences relating to criminal conspiracy, attempt to murder, dacoity, unlawful activities and prison related offences. The sheer number and gravity of the cases reflect a consistent ime was found affixed with a fictitious number plate and further offences were added during investigation. It is further contended that the petitioner has a long criminal history, with as many as 45 other criminal cases registered against him, reflecting his habitual involvement in serious offences. Though the petitioner is in custody for submits that keeping in view the gravity of the offence, his criminal antecedents and the role attributed to him in se, he is not entitled to the concession of regular bail and the present I have heard learned counsel for the parties and have gone through the very serious nature. The planned conspiracy was hatched to secure the release trial prisoner from police custody and, in furtherance thereof, armed ulting in injuries to a police official and facilitating the escape of the accused. As per the status report, the present petitioner is alleged to have played a role in the conspiracy leading to time offender. As many as 45 other criminal cases are stated to have been registered 302, 307, ms Act, NDPS Act, offences relating to criminal conspiracy, attempt to murder, dacoity, unlawful activities and prison- related offences. The sheer number and gravity of the cases reflect a consistent TRIPTI SAINI 2026.02.11 17:53 I attest to the accuracy and integrity of this document CRM-M-57513- pattern of involvement in serious and organized criminal antecedents cannot be ignored while considering a prayer for regular bail. 10. Though it is true that the petitioner is in custody for the last about 5 years and 8 months, mere long incarceration by itself is not a ground to enlarge him on bail in the facts and circumstances of the present case, particularly when the allegations pertain to an armed attack on a police party and facilitation of escape from lawful custody. The case of the petitioner is also not on parity with the co-accused who have been granted bail, as the role attributed to him and his extensive criminal antecedents distinguish him from others. 11. In view of the seriousness of the allegations, the material collected during investigation, and the extensive criminal histor him in 45 other FIRs, this Court is not inclined to grant the concession of regular bail. Consequently, the present petition is dismissed. 12. Pending application(s), if any, is/are disposed of. February 11, 202 tripti Whether speaking/non Whether reportable -2025 (O&M) pattern of involvement in serious and organized criminal antecedents cannot be ignored while considering a prayer for regular bail. Though it is true that the petitioner is in custody for the last about 5 years and 8 months, mere long incarceration by itself is not a ground to enlarge on bail in the facts and circumstances of the present case, particularly when the allegations pertain to an armed attack on a police party and facilitation of escape from lawful custody. The case of the petitioner is also not on parity with the who have been granted bail, as the role attributed to him and his extensive criminal antecedents distinguish him from others. In view of the seriousness of the allegations, the material collected during investigation, and the extensive criminal histor 45 other FIRs, this Court is not inclined to grant the concession of regular bail. Consequently, the present petition is dismissed. Pending application(s), if any, is/are disposed of. , 2026 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- pattern of involvement in serious and organized criminal activities. Such antecedents cannot be ignored while considering a prayer for regular bail. Though it is true that the petitioner is in custody for the last about 5 years and 8 months, mere long incarceration by itself is not a ground to enlarge on bail in the facts and circumstances of the present case, particularly when the allegations pertain to an armed attack on a police party and facilitation of escape from lawful custody. The case of the petitioner is also not on parity with the who have been granted bail, as the role attributed to him and his extensive criminal antecedents distinguish him from others. In view of the seriousness of the allegations, the material collected during investigation, and the extensive criminal history of the petitioner involving 45 other FIRs, this Court is not inclined to grant the concession of regular bail. Consequently, the present petition is dismissed. Pending application(s), if any, is/are disposed of. (MANDEEP PANNU) JUDGE speaking : Speaking : Yes/No activities. Such Though it is true that the petitioner is in custody for the last about 5 years and 8 months, mere long incarceration by itself is not a ground to enlarge on bail in the facts and circumstances of the present case, particularly when the allegations pertain to an armed attack on a police party and facilitation of escape from lawful custody. The case of the petitioner is also not on parity with the who have been granted bail, as the role attributed to him and his In view of the seriousness of the allegations, the material collected y of the petitioner involving 45 other FIRs, this Court is not inclined to grant the concession of regular TRIPTI SAINI 2026.02.11 17:53 I attest to the accuracy and integrity of this document