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2023 DAILYLAW 4285 (PNJ)

GORAV ALIAS RAGUBIR SINGH ALIAS GORA v. STATE OF PUNJAB

CRM-M/72754/2025 · 2026-03-09

Mandeep Pannu

body2023

Judgment text

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CRM-M-72754- 133 IN THE HIGH COURT OF PUNJAB AND HARYANA Gorav @ Ragubi State of Punjab CORAM : HON'BLE MS Present: Mr. Mr. H.S.Wadhwa, DAG Punjab. MANDEEP PANNU J. 1. This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 14 dated 12.02.2025 registered under Sections 303(2), 118(1), 109, 324(2), 351(2), 191(3) and 190 o Jalalabad, District Fazilka. 2. Briefly stated, the present FIR was registered on the statement of the complainant Sachin Kamboj, who stated that on 01.02.2025 he had gone to Jalalabad in connection with some domestic work. When he reached near the New Bus Stand, two unknown motorcyclist about 1.5 tola from his neck and fled away from the spot. Thereafter, upon making inquiries from his acquaintances, the complainant came to know that Harman -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : ir Singh @ Gora VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU . Karandeep Singh, Advocate for the petitioner. . H.S.Wadhwa, DAG Punjab. -.- MANDEEP PANNU J. (Oral) This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 14 dated 12.02.2025 registered under Sections 303(2), 118(1), 109, 324(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 at Police Station City Jalalabad, District Fazilka. Briefly stated, the present FIR was registered on the statement of the complainant Sachin Kamboj, who stated that on 01.02.2025 he had gone to Jalalabad in connection with some domestic work. When he reached near the New Bus Stand, two unknown motorcyclists allegedly snatched a gold chain weighing about 1.5 tola from his neck and fled away from the spot. Thereafter, upon making inquiries from his acquaintances, the complainant came to know that Harman -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-72754-2025 (O&M) Date of Decision : 09.03.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 14 dated 12.02.2025 registered under Sections 303(2), 118(1), 109, 324(2), f the Bharatiya Nyaya Sanhita, 2023 at Police Station City Briefly stated, the present FIR was registered on the statement of the complainant Sachin Kamboj, who stated that on 01.02.2025 he had gone to Jalalabad in connection with some domestic work. When he reached near the New s allegedly snatched a gold chain weighing about 1.5 tola from his neck and fled away from the spot. Thereafter, upon making inquiries from his acquaintances, the complainant came to know that Harman This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 14 dated 12.02.2025 registered under Sections 303(2), 118(1), 109, 324(2), f the Bharatiya Nyaya Sanhita, 2023 at Police Station City Briefly stated, the present FIR was registered on the statement of the complainant Sachin Kamboj, who stated that on 01.02.2025 he had gone to Jalalabad in connection with some domestic work. When he reached near the New s allegedly snatched a gold chain weighing about 1.5 tola from his neck and fled away from the spot. Thereafter, upon making inquiries from his acquaintances, the complainant came to know that Harman TRIPTI SAINI 2026.03.09 17:49 I attest to the accuracy and integrity of this document CRM-M-72754- Singh and Happy were involved in the said incident. It i 04.02.2025, when the complainant came near the Old Tehsil after finishing his work and confronted them regarding the snatching of his chain, the said persons along with several other associates including the present petitioner Raghubir Singh @ Gora and other co such as kirpans, kappas and baseball bats. They allegedly raised lalkara, abused the complainant and attacked him with their respective weapons, as a result of which he fell on the ground and sustained injuries. It is further alleged that the accused persons also broke his mobile phone and fled away from the spot on their motorcycles when the nearby shopkeepers and passersby gathered there. The complainant was thereafter taken t higher medical centres for treatment of the injuries sustained by him. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no specific role has bee him. It is argued that the FIR was registered after an unexplained delay and the allegations levelled against the petitioner are vague in nature. Learned counsel further submits that the investigation in the present case stands completed an challan has already been presented before the trial Court. It is also contended that nothing remains to be recovered from the petitioner. Learned counsel further submits that two of the co Manpreet Singh @ Mannu have already been granted the concession of regular bail by the Coordinate Benches of this Court and the case of the present petitioner stands on the same footing and is at parity with the said co argued that the petitioner -2025 (O&M) Singh and Happy were involved in the said incident. It i 04.02.2025, when the complainant came near the Old Tehsil after finishing his work and confronted them regarding the snatching of his chain, the said persons along with several other associates including the present petitioner Singh @ Gora and other co-accused came there armed with weapons such as kirpans, kappas and baseball bats. They allegedly raised lalkara, abused the complainant and attacked him with their respective weapons, as a result of which the ground and sustained injuries. It is further alleged that the accused persons also broke his mobile phone and fled away from the spot on their motorcycles when the nearby shopkeepers and passersby gathered there. The complainant was thereafter taken to Civil Hospital and subsequently referred to higher medical centres for treatment of the injuries sustained by him. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no specific role has bee him. It is argued that the FIR was registered after an unexplained delay and the allegations levelled against the petitioner are vague in nature. Learned counsel further submits that the investigation in the present case stands completed an challan has already been presented before the trial Court. It is also contended that nothing remains to be recovered from the petitioner. Learned counsel further submits that two of the co-accused namely Samarjeet Singh @ Abhi Najar and h @ Mannu have already been granted the concession of regular bail by the Coordinate Benches of this Court and the case of the present petitioner stands on the same footing and is at parity with the said co argued that the petitioner is in custody since 08.06.2025 and the conclusion of trial -2- Singh and Happy were involved in the said incident. It is further alleged that on 04.02.2025, when the complainant came near the Old Tehsil after finishing his work and confronted them regarding the snatching of his chain, the said persons along with several other associates including the present petitioner Gorav accused came there armed with weapons such as kirpans, kappas and baseball bats. They allegedly raised lalkara, abused the complainant and attacked him with their respective weapons, as a result of which the ground and sustained injuries. It is further alleged that the accused persons also broke his mobile phone and fled away from the spot on their motorcycles when the nearby shopkeepers and passersby gathered there. The o Civil Hospital and subsequently referred to higher medical centres for treatment of the injuries sustained by him. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no specific role has been attributed to him. It is argued that the FIR was registered after an unexplained delay and the allegations levelled against the petitioner are vague in nature. Learned counsel further submits that the investigation in the present case stands completed and the challan has already been presented before the trial Court. It is also contended that nothing remains to be recovered from the petitioner. Learned counsel further accused namely Samarjeet Singh @ Abhi Najar and h @ Mannu have already been granted the concession of regular bail by the Coordinate Benches of this Court and the case of the present petitioner stands on the same footing and is at parity with the said co-accused. It is further is in custody since 08.06.2025 and the conclusion of trial s further alleged that on 04.02.2025, when the complainant came near the Old Tehsil after finishing his work and confronted them regarding the snatching of his chain, the said persons @ accused came there armed with weapons such as kirpans, kappas and baseball bats. They allegedly raised lalkara, abused the complainant and attacked him with their respective weapons, as a result of which the ground and sustained injuries. It is further alleged that the accused persons also broke his mobile phone and fled away from the spot on their motorcycles when the nearby shopkeepers and passersby gathered there. The o Civil Hospital and subsequently referred to Learned counsel for the petitioner submits that the petitioner has been n attributed to him. It is argued that the FIR was registered after an unexplained delay and the allegations levelled against the petitioner are vague in nature. Learned counsel d the challan has already been presented before the trial Court. It is also contended that nothing remains to be recovered from the petitioner. Learned counsel further accused namely Samarjeet Singh @ Abhi Najar and h @ Mannu have already been granted the concession of regular bail by the Coordinate Benches of this Court and the case of the present petitioner accused. It is further is in custody since 08.06.2025 and the conclusion of trial TRIPTI SAINI 2026.03.09 17:49 I attest to the accuracy and integrity of this document CRM-M-72754- is likely to take considerable time, therefore no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. 4. On the other hand, learned State counsel has oppos grant of regular bail to the petitioner on the ground that serious allegations have been levelled against him which attract the offence punishable under Section 307 IPC/109 BNS. It is submitted that the petitioner was part of the unlawful and actively participated in the occurrence wherein the complainant sustained multiple injuries. It is further argued that the offence is grave in nature and in case the petitioner is released on bail, he may influence the prosecution witnesses o hamper the trial. Learned State counsel, therefore, prays for dismissal of the present petition. 5. I have heard learned counsel for the parties and have gone through the record of the case. 6. Admittedly, the petitioner is in custody since 08.06.2025. The investigation in the present case has already been completed and the challan has been presented before the trial Court. It is also not disputed that two of the co accused involved in the same occurrence have already been granted the concession of regular bail by the Coordinate Benches of this Court. The role attributed to the present petitioner does not appear to be distinguishable from that of the said co accused and thus the case of the petitioner stands on parity with them. Furthermore, as per the custody remained in custody for a considerable period. It has also been brought to the notice of this Court that till date only one prosecution witness has been examined and the trial is likely to take substantial continued incarceration of the petitioner would serve no useful purpose. -2025 (O&M) is likely to take considerable time, therefore no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. On the other hand, learned State counsel has oppos grant of regular bail to the petitioner on the ground that serious allegations have been levelled against him which attract the offence punishable under Section 307 IPC/109 BNS. It is submitted that the petitioner was part of the unlawful and actively participated in the occurrence wherein the complainant sustained multiple injuries. It is further argued that the offence is grave in nature and in case the petitioner is released on bail, he may influence the prosecution witnesses o hamper the trial. Learned State counsel, therefore, prays for dismissal of the present petition. I have heard learned counsel for the parties and have gone through the record of the case. Admittedly, the petitioner is in custody since 08.06.2025. The nvestigation in the present case has already been completed and the challan has been presented before the trial Court. It is also not disputed that two of the co accused involved in the same occurrence have already been granted the concession il by the Coordinate Benches of this Court. The role attributed to the present petitioner does not appear to be distinguishable from that of the said co accused and thus the case of the petitioner stands on parity with them. Furthermore, as per the custody certificate placed on record, the petitioner has remained in custody for a considerable period. It has also been brought to the notice of this Court that till date only one prosecution witness has been examined and the trial is likely to take substantial time to conclude. In such circumstances, continued incarceration of the petitioner would serve no useful purpose. -3- is likely to take considerable time, therefore no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. On the other hand, learned State counsel has opposed the prayer for grant of regular bail to the petitioner on the ground that serious allegations have been levelled against him which attract the offence punishable under Section 307 IPC/109 BNS. It is submitted that the petitioner was part of the unlawful assembly and actively participated in the occurrence wherein the complainant sustained multiple injuries. It is further argued that the offence is grave in nature and in case the petitioner is released on bail, he may influence the prosecution witnesses o hamper the trial. Learned State counsel, therefore, prays for dismissal of the I have heard learned counsel for the parties and have gone through the Admittedly, the petitioner is in custody since 08.06.2025. The nvestigation in the present case has already been completed and the challan has been presented before the trial Court. It is also not disputed that two of the co accused involved in the same occurrence have already been granted the concession il by the Coordinate Benches of this Court. The role attributed to the present petitioner does not appear to be distinguishable from that of the said co accused and thus the case of the petitioner stands on parity with them. certificate placed on record, the petitioner has remained in custody for a considerable period. It has also been brought to the notice of this Court that till date only one prosecution witness has been examined time to conclude. In such circumstances, continued incarceration of the petitioner would serve no useful purpose. is likely to take considerable time, therefore no useful purpose would be served by ed the prayer for grant of regular bail to the petitioner on the ground that serious allegations have been levelled against him which attract the offence punishable under Section 307 assembly and actively participated in the occurrence wherein the complainant sustained multiple injuries. It is further argued that the offence is grave in nature and in case the petitioner is released on bail, he may influence the prosecution witnesses or hamper the trial. Learned State counsel, therefore, prays for dismissal of the I have heard learned counsel for the parties and have gone through the Admittedly, the petitioner is in custody since 08.06.2025. The nvestigation in the present case has already been completed and the challan has been presented before the trial Court. It is also not disputed that two of the co- accused involved in the same occurrence have already been granted the concession il by the Coordinate Benches of this Court. The role attributed to the present petitioner does not appear to be distinguishable from that of the said co- accused and thus the case of the petitioner stands on parity with them. certificate placed on record, the petitioner has remained in custody for a considerable period. It has also been brought to the notice of this Court that till date only one prosecution witness has been examined time to conclude. In such circumstances, TRIPTI SAINI 2026.03.09 17:49 I attest to the accuracy and integrity of this document CRM-M-72754- 7. Without commenting anything on the merits of the case, but keeping in view the custody period of the petitioner, the stage of the trial, and similarly situated co Court is of the considered opinion that the petitioner deserves the concession of regular bail. 8. Accordingly, the present petition is allowed. The petitioner to be released on regular bail on furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, subject to the condition that he shall appear before the trial Court on each and every date of hearing and shall not tamper with the prosecution evidence or influence any witness. 9. However, anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case. 10. All pending miscellaneous application(s), if any, shall also stand disposed of. March 09, 2026 tripti Whether speaking/non Whether reportable -2025 (O&M) Without commenting anything on the merits of the case, but keeping in view the custody period of the petitioner, the stage of the trial, and similarly situated co-accused have already been granted the concession of bail, this Court is of the considered opinion that the petitioner deserves the concession of Accordingly, the present petition is allowed. The petitioner to be released on regular bail on furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, subject to the condition that he shall appear before the trial Court on each and every date of hearing and shall not tamper with the prosecution evidence or influence any However, anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, shall also stand Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- Without commenting anything on the merits of the case, but keeping in view the custody period of the petitioner, the stage of the trial, and the fact that accused have already been granted the concession of bail, this Court is of the considered opinion that the petitioner deserves the concession of Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail on furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, subject to the condition that he shall appear before the trial Court on each and every date of hearing and shall not tamper with the prosecution evidence or influence any However, anything observed hereinabove shall not be construed as an All pending miscellaneous application(s), if any, shall also stand (MANDEEP PANNU) JUDGE Without commenting anything on the merits of the case, but keeping the fact that accused have already been granted the concession of bail, this Court is of the considered opinion that the petitioner deserves the concession of is ordered to be released on regular bail on furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, subject to the condition that he shall appear before the trial Court on each and every date of hearing and shall not tamper with the prosecution evidence or influence any However, anything observed hereinabove shall not be construed as an All pending miscellaneous application(s), if any, shall also stand TRIPTI SAINI 2026.03.09 17:49 I attest to the accuracy and integrity of this document