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2024 DAILYLAW 1491 (PNJ)

RAJBIR SINGH ALIAS RAJU v. STATE OF PUNJAB

CRA-D/1243/2025 · 2026-04-06

Gurvinder Singh Gill, Ramesh Kumari

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 113 RAJBIR SINGH @ RAJU STATE OF PUNJAB CORAM: Present : FIR 191 RAMESH KUMARI CRM-37173 is allowed and delay of CRA-D-1243 1. The appellant/accused has filed the instant appeal against the impugned order dated Amritsar dismissed. 2. The aforementioned FIR has been lodged on receipt of secret in that Harwinder Singh R member of Babar Khalsa International G IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM CRA Date of decision: RAJBIR SINGH @ RAJU Versus STATE OF PUNJAB CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MRS. JUSTICE RAMESH KUMARI Mr. Abhishek Sindhu, Advocate for the Mr. Siddharth Attri, AAG, Punjab Sh. Hardip Singh ASI. **** Dated Police Station 03.12.2024 Cantonment Amritsar RAMESH KUMARI, J. 37173-2025 There is a delay of 78 days in filing the present appeal. In view of the reasons mentioned in the application, the same is allowed and delay of 78 days in filing the present appeal is condoned. 1243-2025 The appellant/accused has filed the instant appeal against the impugned order dated 13.05.2025 passed by learned Additional Sessions Judge, whereby, his application for grant of regular bail has been dismissed. The aforementioned FIR has been lodged on receipt of secret in that Harwinder Singh Rinda s/o Charan Singh member of Babar Khalsa International G IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-37173-2025 in/and CRA-D-1243-2025(O&M) Date of decision:06.04.2026 …. Appellant …. Respondent GURVINDER SINGH GILL RAMESH KUMARI , Advocate for the appellant. Mr. Siddharth Attri, AAG, Punjab assisted by Sections 111(1), 111(2), 111(3), 111(4), 249, 253, 61(2) of BNS, 2023 and Sections 13, 16, 17, 18, 18- B, 19 & 20 of UAPA Act, 1098 and Sections 25(6), 25(7) of Arms Act. (Sections 10, 11 & 12 of Air Craft, 1934 added later on). days in filing the present appeal. In view of the reasons mentioned in the application, the same the present appeal is condoned. The appellant/accused has filed the instant appeal against the impugned passed by learned Additional Sessions Judge, whereby, his application for grant of regular bail has been The aforementioned FIR has been lodged on receipt of secret information inda s/o Charan Singh, a resident of Pakistan, is a member of Babar Khalsa International Group and is involved in In view of the reasons mentioned in the application, the same The appellant/accused has filed the instant appeal against the impugned passed by learned Additional Sessions Judge, whereby, his application for grant of regular bail has been formation is a roup and is involved in JYOTI 2026.04.09 09:52 I attest to the accuracy and integrity of this document CRA terrorism/unlawfull activities supplying weapons and granades to Arjanpreet Singh @ Arjan, Loverpreet Singh @ Love, Basant Singh s/o Satnam Singh and Amanpreet Singh @ Aman through their namely, Harpreet Singh @ Happy Panch Jeevan Singh s/o Sarwan Singh @ Fauji and Jashanpreet Singh @ Lal s/o Manoj Kumar @ Lovely to commit unlawful activities in activists of terrorist social media as well as advanced equipments. Beside them, Dilpreet Singh @ Manna, Barinderpal Singh @ Mani, Rajbir Singh @ Raju i.e present appellant, Harjot Kumar @ Mithu, Joyal/Yoyel Masih @ Rohan @Noni, Aman Khokhar and Bhabbo vehicles for them for indulging in illegal activities. 3. During the course of investigation, Masih @ Rohan@Noni, Barinderpal Singh @ Mani, Rajbir Singh @ Raju and Dilpreet Singh @ Manna Aman, Arjanpreet Singh, Lovepreet Singh @ Love, Basant Singh and Vishwas Masih @ Bhabbo were arrested pistols .30 bore, one .32 bore pistol, cartridges, drone in this case from accused. 4. Learned counsel for the appellant/accused submits that the appellant has been falsely implicated in this case. Barinderpal Singh @ Mani which does not prove anything against Nothing incriminating since 09.12.2024. Challan has been presented but till date no witness has CRA-D-1243-2025(O&M) /unlawfull activities. The aforesaid group is involved in supplying weapons and granades to Arjanpreet Singh @ Arjan, Loverpreet Singh @ Love, Basant Singh s/o Satnam Singh and Amanpreet Singh @ Aman through their Harpreet Singh @ Happy Panch Jeevan Singh s/o Sarwan Singh @ Fauji and Jashanpreet Singh @ Lal s/o Manoj Kumar @ Lovely to commit unlawful activities in activists of terrorist groups are in constant social media as well as advanced equipments. Beside them, Dilpreet Singh @ Manna, Barinderpal Singh @ Mani, Rajbir Singh @ Raju i.e present appellant, Harjot Kumar @ Mithu, Joyal/Yoyel Masih @ Rohan ni, Aman Khokhar and Bhabbo are providing shelter and arranging vehicles for them for indulging in illegal activities. During the course of investigation, Harjot Kumar @ Masih @ Rohan@Noni, Barinderpal Singh @ Mani, Rajbir Singh @ Raju and Dilpreet Singh @ Manna Aman, Arjanpreet Singh, Lovepreet Singh @ Love, Basant Singh and Vishwas Masih @ Bhabbo were arrested pistols .30 bore, one .32 bore pistol, cartridges, drone in this case from accused. Learned counsel for the appellant/accused submits that the appellant has been falsely implicated in this case. He was arrested from the house of Barinderpal Singh @ Mani which does not prove anything against incriminating has been recovered from him .12.2024. Challan has been presented but till date no witness has -2- . The aforesaid group is involved in supplying weapons and granades to Arjanpreet Singh @ Arjan, Loverpreet Singh @ Love, Basant Singh s/o Satnam Singh and Amanpreet Singh @ Aman through their associates residing abroad Harpreet Singh @ Happy Panchhian s/o Gurwinder Pal Singh, Jeevan Singh s/o Sarwan Singh @ Fauji and Jashanpreet Singh @ Lal s/o Manoj Kumar @ Lovely to commit unlawful activities in India. All the constant touch with each other through social media as well as advanced equipments. Beside them, Dilpreet Singh @ Manna, Barinderpal Singh @ Mani, Rajbir Singh @ Raju i.e present appellant, Harjot Kumar @ Mithu, Joyal/Yoyel Masih @ Rohan are providing shelter and arranging vehicles for them for indulging in illegal activities. Harjot Kumar @ Mithu, Joyal/Yoyel Masih @ Rohan@Noni, Barinderpal Singh @ Mani, appellant/accused- Rajbir Singh @ Raju and Dilpreet Singh @ Manna, Amanpreet Singh @ Aman, Arjanpreet Singh, Lovepreet Singh @ Love, Basant Singh and Vishwas Masih @ Bhabbo were arrested. Police also recovered three pistols .30 bore, one .32 bore pistol, cartridges, one hand grenade and a Learned counsel for the appellant/accused submits that the appellant has He was arrested from the house of Barinderpal Singh @ Mani which does not prove anything against him. has been recovered from him. He is in custody .12.2024. Challan has been presented but till date no witness has . The aforesaid group is involved in supplying weapons and granades to Arjanpreet Singh @ Arjan, Loverpreet Singh @ Love, Basant Singh s/o Satnam Singh and residing abroad s/o Gurwinder Pal Singh, Jeevan Singh s/o Sarwan Singh @ Fauji and Jashanpreet Singh @ Lal s/o All the touch with each other through social media as well as advanced equipments. Beside them, Dilpreet Singh @ Manna, Barinderpal Singh @ Mani, Rajbir Singh @ Raju i.e present appellant, Harjot Kumar @ Mithu, Joyal/Yoyel Masih @ Rohan are providing shelter and arranging Mithu, Joyal/Yoyel - Amanpreet Singh @ Aman, Arjanpreet Singh, Lovepreet Singh @ Love, Basant Singh and also recovered three renade and a Learned counsel for the appellant/accused submits that the appellant has He was arrested from the house of him. He is in custody .12.2024. Challan has been presented but till date no witness has JYOTI 2026.04.09 09:52 I attest to the accuracy and integrity of this document CRA been examined. of regular bail to the appellant/accused. 5. Per contra, that there are serious and specific allegation that he is involved in unlawful activities along with other co that he used to provide ha accused persons alias Love, Basant Singh and Amanpreet Singh alias came to him after committing crime/unlawful activities 6. We have gone through the record with the able assistance of learned counsel for the appellant and learned State counsel. 7. Respondent appellant/accused was arrested on 04.12.2026. In this reply, the role of the appellant/accused is described as under: 8. The appellant/accused custody since 0 a subject investigation CRA-D-1243-2025(O&M) examined. Therefore, he vehemently prayed for grant of concession of regular bail to the appellant/accused. Per contra, learned State counsel assisted by ASI Hardip Singh, that there are serious and specific allegation that he is involved in unlawful activities along with other co used to provide harbour, food and other facilities to other co accused persons namely, Arjanpreet Singh alias Arjan, Lovepreet Singh e, Basant Singh and Amanpreet Singh alias came to him after committing crime/unlawful activities We have gone through the record with the able assistance of learned counsel for the appellant and learned State counsel. Respondent-State has filed reply dated 03.02.2026 stating that the appellant/accused was arrested on 04.12.2026. In this reply, the role of the appellant/accused is described as under:- “Role of the petitioner: That the deponent humbly submits that based on the investigation carried out in the present FIR No.191 dated 03.12.2024 (supra), it revealed that the present petitioner Rajbir Singh @ Raju used to provide harbor, food and other facility to the above said other co Singh alias Aman when they aft activities used to come to him”. The appellant/accused was arrested on 04.12.2024 and has been in custody since 09.12.2024. His complicity in the commission of offence is matter of trial as nothing incriminating investigation. Even otherwise, he has clean antecedents as he has no other -3- Therefore, he vehemently prayed for grant of concession assisted by ASI Hardip Singh, contended that there are serious and specific allegations against the present appellant that he is involved in unlawful activities along with other co-accused and r, food and other facilities to other co- Arjanpreet Singh alias Arjan, Lovepreet Singh e, Basant Singh and Amanpreet Singh alias Aman when they came to him after committing crime/unlawful activities. We have gone through the record with the able assistance of learned counsel for the appellant and learned State counsel. filed reply dated 03.02.2026 stating that the appellant/accused was arrested on 04.12.2026. In this reply, the role of the Role of the petitioner: That the deponent humbly submits that carried out in the present FIR No.191 dated 03.12.2024 (supra), it revealed that the present petitioner Rajbir Singh @ Raju used to provide harbor, food and other facility to the above said other co-accused persons Arjanpreet Singh alias Aman when they after committing crime-unlawful was arrested on 04.12.2024 and has been in .12.2024. His complicity in the commission of offence is incriminating was recovered during e has clean antecedents as he has no other Therefore, he vehemently prayed for grant of concession contended against the present appellant accused and - Arjanpreet Singh alias Arjan, Lovepreet Singh n when they We have gone through the record with the able assistance of learned filed reply dated 03.02.2026 stating that the appellant/accused was arrested on 04.12.2026. In this reply, the role of the Role of the petitioner: That the deponent humbly submits that carried out in the present FIR No.191 dated 03.12.2024 (supra), it revealed that the present petitioner Rajbir Singh @ Raju used to provide harbor, food and other accused persons Arjanpreet unlawful was arrested on 04.12.2024 and has been in .12.2024. His complicity in the commission of offence is during e has clean antecedents as he has no other JYOTI 2026.04.09 09:52 I attest to the accuracy and integrity of this document CRA criminal case lodged against him. Charges have in the challan. 9. Keeping in view the fact that the appellant/accused has already undergone actual custody for a period of 0 custody certificate dated nothing incriminating was recovered from no criminal antecedents, regular bail during the pendency of the trial. As such, while accepting the appeal, the impugned order is set aside and the appellant/accused is ordered to be released on regular bail subject to his bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate. 10. Pending application(s), if any, is/are also dismissed. 11. Any observations made herein above while decid shall have no bearing on the merits of the case. (GURVINDER SINGH GILL) JUDGE 06.04.2026 Jyoti-IV CRA-D-1243-2025(O&M) criminal case lodged against him. Challan Charges have not been framed so far. Prosecution has cited 31 witnesses in the challan. Keeping in view the fact that the appellant/accused has already undergone actual custody for a period of 01 year, 03 months custody certificate dated 05.04.2026 filed by the learned State counsel nothing incriminating was recovered from no criminal antecedents, it is a fit case to release the appellant/accused on regular bail during the pendency of the trial. As such, while accepting the appeal, the impugned order is set aside and the appellant/accused is rdered to be released on regular bail subject to his bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate. Pending application(s), if any, is/are also dismissed. Any observations made herein above while decid shall have no bearing on the merits of the case. GURVINDER SINGH GILL) JUDGE 06.04.2026 Whether speaking/reasoned: Whether reportable : -4- Challan has already stands presented. Prosecution has cited 31 witnesses Keeping in view the fact that the appellant/accused has already undergone 1 year, 03 months and 27 days as per filed by the learned State counsel, nothing incriminating was recovered from him and that the appellant has it is a fit case to release the appellant/accused on regular bail during the pendency of the trial. As such, while accepting the appeal, the impugned order is set aside and the appellant/accused is rdered to be released on regular bail subject to his furnishing adequate bail/surety bonds to the satisfaction of the learned trial Court/Duty Pending application(s), if any, is/are also dismissed. Any observations made herein above while deciding this bail application shall have no bearing on the merits of the case. (RAMESH KUMARI) JUDGE Yes/No. Yes/No already stands presented. Prosecution has cited 31 witnesses Keeping in view the fact that the appellant/accused has already undergone days as per , him and that the appellant has it is a fit case to release the appellant/accused on regular bail during the pendency of the trial. As such, while accepting the appeal, the impugned order is set aside and the appellant/accused is furnishing adequate bail/surety bonds to the satisfaction of the learned trial Court/Duty ing this bail application JYOTI 2026.04.09 09:52 I attest to the accuracy and integrity of this document