CRA-D-1159-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D-1159-2024 JUDGEMENT RESERVED ON JUDGEMENT PRONOUNCED ON OPERATIVE PART PRONOUNCED OR FULL UPLOADED ON 07.04.2026 15.05.2026 FULL PRONOUNCED 15.05.2026 Bikramjit Singh @ Bikkar Panjwar @ Bikkar ...Appellant Versus National Investigation Agency …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present: Mr. Simranjit Singh, Advocate for the appellant. Mr. Sukhdeep Singh Sandhu, Special Public Prosecutor for NIA. **** ANOOP CHITKARA, J. RC No. Dated Police Station Section 20/2019/ NIA/DLI 23.09.2019 - 153-A, 120-B IPC, 13/18/18-A/18-B/20/23 UAPA, 3/4/5 of Explosive Substance Act Arising out of FIR No. Dated Police Station Section 280 05.09.2019 Sadar Tarn Taran 304 IPC, 4,5 of Explosive Substance Act Criminal Case number before the Sessions Court BA/1230/2024 CNR No. PBSA01003235-2024 Date of Decision 04.06.2024 1. Aggrieved by the dismissal of regular bail by the Special Judge, NIA, vide order dated 04.06.2024, the appellant had come before this Court by filing the present appeal under Section 21 of the National Investigation Agency Act, 2008. 2. Per custody certificate, the appellant has no criminal antecedents. 1 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRA-D-1159-2024 3. The facts of the case have been taken from the reply filed by NIA. It shall be appropriate to refer to the following paragraphs of reply dated March 19, 2026 which reads as follows:- “3. That investigation conducted so far has established that Appellant A-9 Bikramjit Singh @ Bikkar Panjwar was a Granthi and staunch supporter of Khalistan. To further his nefarious designs for creating disturbances in the state, strike terror in the people and to accentuate the communal divide leading to a mass agitation against the Government with an intention to secure secession of the State of Punjab from the Union of India and to declare Punjab as a separate and independent Sikh nation viz. Khalistan. Appellant A-9 with the help of A-1 Massa Singh indoctrinated Harjit Singh (A-2), Gurjant Singh (A-3), Chandeep Singh (A-4), Malkit Singh (A-5), Amritpal (A-6), Manpreet Singh (A-7), Amarjit Singh (A-8), Vikram Singh (D-1) and Harpreet Singh (D-2) and formed a terrorist gang. The wave of radicalization that ensued with Bargari sacrilege incidents in 2015-16, provided A-9 & A-1 an ideal opportunity, to convert gullible youth to his cause to further the dream of independent Khalistan. A-9 while working in Sri Harmandir Sahib met the co-accused and exhorted them not only to commit terrorist acts but also conducted training camp where he trained the co-accused and other associates in making crude bomb by using Potassium, Sulfur, shrapnel and other materials and also taught them how to use them. During various processions/agitations the terrorist gang members carried bombs and instigated other participants to attack government agencies to strike terror in the population at large. Accused appellant is the main mastermind and is involved in hatching criminal conspiracy with other co-accused persons to carry out terrorist attack in Punjab during the preparation of one such terrorist attack two co- accused D-1 & D-2 were blown away bringing the co-accused persons including A-1, A-2. A-4, A-5, A-7. in the bomb blast on 04-09-2019. He remained instrumental A-8. D-1 and D-2 under his fold for preparing an army of sleeper cells for the causes of separate Khalistan and thus raised a terrorist gang. 4. That the accused appellant started imparted training on explosives and making bombs by using Potassium Chlorate, Sulfur, Shrapnel and other materials. For this purpose, he shifted himself from Amritsar to village Bachhare, Tarn Taran towards the end of 2016 and started to live at the paternal house of one of the co-accused located near the blast site. He used to radicalize Sikh youths by delivering religious speech and posting photos/ videos related to Khalistan and Referendum 2020. He used to give demonstrations on making bombs by explosive materials and their various combinations and their impact on different types of grounds. 5. That driven with the rage of revenge the accused in this case on different occasions planned to carry out different violent acts against the members of a particular community and followers of different 2 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRA-D-1159-2024 religious ideologies. In this process they procured explosive material and training was given by appellant A-9 to the members of the terrorist gang for making of Bombs/Improvised Explosive Devices. Accused persons of instant case under the leadership of appellant Bikramjit Singh Panjwar (A-9) participated in various protests to create instability and disturbance in law-and-order situation in Punjab especially in Amritsar and Tarn Taran. Accordingly, this group executed various terror activities in furtherance to support Khalistan movement by creating terror in Punjab, details of which are given below: i. Investigation revealed that A-1 to A-8, D-1 and D-2 were radicalised by A-9 Bikramjet Singh Bikkar Panjwar for Khalistan movement and they hatched a conspiracy for arranging explosives, preparation and testing of bombs, explosion of bombs on the persons and places of importance with intention to create terror and they used to participate in processions against established government in support of Khalistan to create disturbance in law and order situation in Punjab. Accused persons shared/post/comments on photos/videos in support of Khalistan through their social media accounts. ii. During investigation the accused in this case pointed out various places/ locations where bombs were made, concealed, tested, etc. i.e. (1) Pandori Gola (SoC) in district Tarn Taran, (2) Place near Bhullar canal in district Tarn Taran where accused persons tested the bomb by throwing the bomb in the dry canal, (3) Premises in Bachhare in Tarn Taran district where A-9 used to stay and make bombs, (4) Place at the Golden Gate. New Amritsar, where accused participated in a Dharna, (5) Place near Fatehgarh Churian Canal, Amritsar Rural, where accused persons had tested Bomb/IEDS, (6) Place near cremation ground adjacent to Shivani Motors at village Lopoke Chowagan area (Amritsar-Chowagan road), Amritsar where A-3 declared that if anyone killed Suri (Shiv Sena leader) then he would give Rupees Ten Lakh or a plot, (7) Place on the road near about 20 metre far from the house of A-3 from where accused persons attacked on the Sarpanch and threw bombs on him. (8) The accused also pointed out the spot near Rayya Beas where the members of the terrorist gang exploded bombs, (9) Pizza Plus, Tarn Taran, where they had met to finalise plan to attack Dera Muradpura. iii. That in furtherance of the larger conspiracy this group executed various terror activities to support Khalistan movement by creating terror in Punjab. The terrorist gang attacked Prof. Darshan Singh with 3 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRA-D-1159-2024 bombs on 07.03.2016, when he was on his way to Ludhiana after delivering his address at Tarn Taran. The preacher escaped unhurt with major damage to his Innova vehicle that was repaired at various workshops at Ludhiana. The gang members were opposed to his views on Dasam Granth so accordingly Harjit Singh (A-2), Chandeep Singh @ Gabbar Singh (A-4), Malkit Singh @ Sher Singh @ Shera (A-5), Amritpal @Amrit Singh (A-6), Vicky (D-1) and appellant Bikkar Panjwar (A-9) attended seminar organized by Akal Upma Jatha at Tarn Taran with an intention to create disturbance and protest and attacked his convoy after he left the venue. iv. That the gang members nursed a feeling holding the then state government and its agencies as responsible for series of sacrilege incidents in the state during 2015-16. Bikramjit Singh Panjwar (A-9) along with other co-accused gang members planned to attack Sh. Sukhbir Singh Badal and Sh. Prakash Singh Badal who were scheduled to visit Sri Harmandir Sahib Amritsar on the occasion of Prakash Purav Guru Sri Ram Das Ji. Accordingly on 28 October 2016 appellant Bikkar Panjwar (A-9) along with Malkit Singh (A-5) went to Sri Harmandir Sahib with two bombs (One bomb with each) in small steel container to execute their plan but could not execute due to high security and the crowd present. v. In the month of January 2019, during Panchayat election Gurjant Singh (A-3) planned to attack on opposite candidate Bhagwan Singh @ Bhana (Sarpanch). On 02 January 2019, Gurjant (A-3), Harjit (A-2), with the help of other co-accused threw bombs and also fired some rounds upon the house of Bhagwan Singh @ Bhana Sarpanch. In this regard, a FIR No. 03 dated 03.01.2019 u/s 323, 324,341,506,148, 149, 120B of IPC was also lodged at PS City, Tarn Taran against A-2, A-3, A-6 and other 05 persons. vi. The terrorist gang was motivated and endeavoured to exploit the existing rift between "radical" Sikhs and Hindu organizations that had further got intensified when members of All India Hindu Students' Federation, All India Hindu Suraksha Samiti and Hindu Takht activists planned to jointly take out a state level "Lalkar Rally" starting from Kali Mata Mandir, Patiala on May 25, 2016, which, after passing through Sirhind, Mandi Gobindgarh, Khanna, Ludhiana, Jalandhar, Dasuya, Pathankot, Gurdaspur was to culminate on May 30, 2016. The rally was being organized to propagate the tenets of Sanatan Dharam, raise voice against cow slaughter and take up the issue of the plight of the families of the Hindus, who were killed during peak of terrorism in the State. The members of Sikh radical organizations in the State had criticized holding of this rallyand had asked its members not to allow the rally to enter Amritsar. They had earlier instructed their supporters to assemble at Beas (Amritsar) as the route of the Yatra was from Chandigarh to Amritsar via G.T.Road. Members of this terrorist gang carrying explosives had also assembled at Rayya Beas to target the rally. Since the Hindu activists did not reach Beas as announced earlier, clash was averted. 4 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRA-D-1159-2024 vii. Separately, this gang also planned of targeting Sudhir Suri (Shiv Sena leader) to avenge for his utterances allegedly against Sikhs on various platforms/occasions. viii. Investigation has revealed that while taking their activities to a new high appellant along with other co-accused planned to attack on Muradpura Dera of DJJS. Further explosives were arranged to execute their plan and accordingly 4-5 crude bombs were prepared by Harjit Singh @ Harjit (A-2), Gurjant Singh (A-3) and Bikkar Singh @ Vikram @ Vicky @ (D-1) and same was concealed by burying in the empty field near the house of Harjit (A-2) at village Pandori Gola, PS- Sadar, Distt- Tarn Taran. They also made a reconnaissance of the target area i.e. Muradpura Camp. On 04.09.2019 when they were digging a pit to retrieve the concealed explosives for execution of their plan, accidently bombs exploded during retrieving and as a result of explosion accused Bikkar Singh @ Vicky (D-1) and Harpreet Singh @ Happy (D-2) died on the spot and accused Gurjant Singh (A-3) got seriously injured. ix. That all the accused persons were in regular touch with each other by adopting various modes like holding regular meetings at various places, communication on Social media/Whatsapp, attendance in religious events. 6. That Appellant/accused (A-9), as a leader of pro-Khalistan terrorist gang, steered the gang till he left India in 2018 and kept regularly monitored the terrorist gang from abroad. Appellant A-9 was closely associated with other members of above terrorist gang with intention to further its activities and was in conspiracy with co-accused persons and planning to carry out terrorist attack by causing explosions. A-9 in association with co-accused persons advocated/ abetted/ advised/ incited the commission of terrorist acts and unlawfully arranged explosives and kept it under their control for further planning to attack the other communities with an aim to spread terror amongst local population. 7. That, appellant Bikramjit Singh @ Panjwar A-9 was the master mind behind formation of terrorist gang and hatching entire conspiracy to carry out terrorist attack in Punjab by the members of the group. He trained the co-accused and other associates in making crude bomb by using Potassium, Sulfur, shrapnel and other materials. Being the leader of gang, he was the driving force, main-conspirator, who used to promote, abet and advocate the Khalistan ideology during various protests against Government of India with intention to radicalize other co-accused for Khalistan movement. He was involved in hatching criminal conspiracy with other co-accused persons to carry out terrorist attack in Punjab. He personally led/ monitored all the terrorist actions committed by the gang viz. attack on Darshan Singh, robbery incident, assembly at Rayya Beas, attack on liquor outlet and planned attack on Shri Sukhbir Singh Badal before secretly leaving India in July 2018. A-9 in connivance with A-3 utilized the residential 5 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRA-D-1159-2024 premise of A-6 for imparting training/indoctrinating in terrorism to co- accused persons.” 4. Counsel for the appellant submits that no recovery of any incriminating material either in form of weapons, firearms, drugs or any other objectionable material was affected from appellant and the only recovery is mobile phone which does not implicate him in any manner whatsoever. To this, counsel for the NIA submits that there is sufficient prima facie evidence fully connecting the appellant with the alleged offense and he is not entitled to bail. 5. An analysis of these submissions clearly point out that it is not a case of no evidence but on the face of it, there is sufficient evidence prima facie connecting the appellant with the alleged offense and as such appellant is not entitled for bail on this ground. 6. Per custody certificate dated April 01, 2026, the appellant’s custody is 03 years, 03 months and 05 days. Thus, given the serious nature of offence, the appellant is not entitled for bail on this ground. 7. Counsel for the appellant submits that there is no allegation that the appellant in the year 2012 and 2013 was organizing people in the name of Khalistan. State counsel submits that there is evidence and has referred to the reply to indicate appellant’s involvement. A perusal of the evidence collected so far and the reference to the reply clearly point towards prima facie evidence, as such appellant is not entitled for bail even on this point. 8. An analysis of the above said grounds coupled with the evidence clearly point towards appellant’s involvement and he is neither entitled for bail on merits nor on custody. In addition to the above reasoning, there is another material factor which would dis-entitle the appellant for bail. The said factor is that it was with great difficulty he was extradited and the appellant also does not deny the fact that he was extradited from Austria on December 08, 2022. It would be appropriate to refer to paragraph no. 10 of the reply which reads as follows: “10. That Accused Bikramjit Singh @ Bikkar Panjwar (A-9), S/ 0 Karnail Singh R/o Panjwar Khurd, PS Chawal, Distt.-Tarn Taran, Punjab is found to be the key conspirator who was evading his arrest and was hiding at Linz, Austria. After completing all the legal proceedings, the competent Austrian Court, the Linz Regional Court extradited the accused Bikramjit Singh @ Panjwar (A-9) to India on 08.12.2022 and subsequently, he was arrested. During questioning/interrogation the accused appellant Bikramjit Singh disclosed and gave a detailed account regarding his involvement in the commission of crime in presence of the independent witnesses. He has also identified the other co-accused/ associates through Photo Identification Proceeding (PIP).” 6 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRA-D-1159-2024 9. An analysis of the above clearly point out that if the appellant is granted bail, then in all probability, it will be very difficult to produce him to attend the trial and appellant being a flight risk is already proven from his earlier extradition. Given above, the remedy lies in expediting the trial itself and this Court requests the trial Court to expedite the present trial. 10. In UOI Rep. by Insp. of NIA v. Barakathullah, [2024] 5 S.C.R. 1011; 2024 INSC 452, May 22, 2024, the Hon’ble Supreme Court holds, [2]. The Central Government in Ministry of Home Affairs, CTCR Division having received a credible information that the office bearers, members and cadres of Popular Front of India (PFI), an extremist Islamic organization have been spreading its extremist ideology across Tamil Nadu, by establishing State Headquarters at Purasaiwakkam, Chennai and also offices in various districts of Tamil Nadu and that through their frontal Organizations like Campus Front of India, National Women’s Front, Social Democratic Party of India etc., they conspire for committing terrorist acts, raise funds for committing terrorist activities and recruit members for furthering their extremist ideology, and that the frontal organizations and PFI were involved in the recruitment of members to various prescribed terrorist organizations, passed an order on 16th September 2022, in exercise of the powers conferred under sub- section (5) of Section 6 read with Section 8 of the National Investigation Agency Act, 2008 (hereinafter referred to as the ‘NIA Act’), directing the National Investigation Agency to take up investigation of the said case. In view of the said order, an FIR being RC-42/2022/NIA/DLI came to be registered on 19.09.2022 against the present respondents and other members and office bearers of PFI for the offences under Section 120(b), 153(A), 153(AA) of IPC and Section 13,17,18,18(B), 38 and 39 of the Unlawful Activities (Prevention) Act, 1957 (hereinafter referred to as the “UAPA”). [22]. In the instant case, we are satisfied from the chargesheet as also the other material/documents relied upon by the appellant that there are reasonable grounds for believing that the accusations against the respondents are prima facie true and that the mandate contained in the proviso to Section 43(D)(5) would be applicable for not releasing the respondents on bail. Having regard to the seriousness and gravity of the alleged offences, previous criminal history of the respondents as mentioned in the charge-sheet, the period of custody undergone by the respondents being hardly one and half years, the severity of punishment prescribed for the alleged offences and prima facie material collected during the course of investigation, the impugned order passed by the High Court cannot be sustained. We are conscious of the legal position that we should be slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside. 7 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRA-D-1159-2024 11. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 12. Petition dismissed. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE (SUKHVINDER KAUR) JUDGE 15.05.2026 Jyoti Sharma Whether speaking/reasoned YES Whether reportable NO 8 JYOTI SHARMA 2026.05.15 17:40 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh