CRM-M-73777- IN THE H (244) BHARAT SINGH STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The p Section 483 of Bh for grant of regul registered under S Bharatiya Nyaya S District Mansa. 2. The got recorded by th the Panchayat elec forms for the sam performing the d inhabitant of Vill -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH INGH @ CHANAN SINGH @ LAW Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Kulwinder Singh, Advocate for th Ms. Sakshi Bakshi, AAG, Punjab ****
BATRA, J. (ORAL)
The present petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 103(1), 324(4), 5(6), 61 yaya Sanhita, 2023 (for short “BNS The aforementioned FIR was regis by the complainant Abhey Ram on 0 at elections were to take place in Vil he same were being filled up. He the duty of checking the filled for f Village Khaira was also checking JAB AND HARYANA AT ARH
CRM-M-73777-2025 (O&M) Date of decision : 02.02.2026 LAWRANCE ... Petitioner ...Respondent ANISHA BATRA
for the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.158 dated 02.10.2024 (6), 61(2), 191(3), 190 and 189(4) of BNS”) at Police Station Sardulgarh, registered on the basis of statement on 02.10.2024 alleging therein that in Village Sardulgarh. Nomination He, alongwith other persons was led forms. Victim Radhey Sham, cking the forms with him. On the M) 2026 oner
dent
nder ) 2024 4) of garh, ment that ation was , the AMIT SHARMA 2026.02.03 12:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-73777- same night, at abo morning, his dead village. The com Salim, Parveen Ku kill the victim and He also informed Akbar Salim. A initiated. 3. As pe the victim, recorde other persons, nam @ Chanan Ram petitioner alongwi on 03.10.2024 and the crime and in alleged to be used arrested. Investig accused is facing t 4. It is a falsely implicated the victim. There circumstantial evi detention would n has already been -2025 (O&M) 2 at about 11:30 PM, Radhey Sham ha s dead body was found lying in his car e complainant alleged that previously een Kumar, Parmod Kumar and Sunil m and even cases had been filed by th ormed that the victim was having ani . After registration of the FIR, in As per the further allegations, on 03.1 ecorded his statement suspecting that s, namely Ravi Kumar, Mati Dass, V Ram i.e. the petitioner had hand in th ongwith other persons was nominated and suffered disclosure statement d in pursuance thereof got recovered e used at the time of occurrence. T nvestigation now stands completed. acing trial for commission of the afore It is argued by learned counsel for t icated in this case on the basis of susp There is no eye-witness to the occu ial evidence. Petitioner is in custod ould not serve any useful purpose. T been extended benefit of regular bail ham had left in his car. In the next his car near the sports stadium of his iously some persons namely, Akbar Sunil Kumar had extended threats to by these persons against the victim. ng animosity with the above named IR, investigation proceedings were n 03.10.2024, Tarsem Lal brother of g that Ishwar Chand alongwith some ass, Vikas Kumar and Bharat Singh d in the murder of his brother. The inated as accused. He was arrested ement admitting his involvement in vered a blood-stained wooden stick The co-accused have also been eted. The petitioner alongwith co- aforementioned offences. l for the petitioner that he has been suspicion raised by the brother of occurrence. The case is based on custody since long. His continued ose. The co-accused Ishwar Chand ar bail by this Court. On parity, he next f his kbar ts to ctim. med were er of some ingh The ested nt in stick been - been er of d on nued hand y, he AMIT SHARMA 2026.02.03 12:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-73777- too deserves the be allowed. 5. Status learned State coun pending against h against the petition bail, it is argued th 6. This both the parties. 7. The unlawful assembly thereof and by ha death of the victim the FIR. The ca disclosure stateme has been pointed o not the eye-witne conclude as only involvement in ot Given the nature o of the opinion that as no fruitful purp anymore. It is we not be a replica of -2025 (O&M) 3 the same benefit. It is, therefore, urg Status report and custody certificate h e counsel that the petitioner is a habit ainst him. By stressing that gravity petitioner, he does not deserve to be g ued that the petition is liable to be dism This Court has heard the rival subm The petitioner is alleged to have sembly with the co-accused and in p by hatching conspiracy with the co victim on the night of 02.10.2024. Th he case rests upon circumstantial e tatement allegedly suffered by the pet inted out at this stage. Complainant a witnesses to the occurrence. Trial only 01 out of 31 prosecution witne t in other cases cannot be a reason to ature of the allegations as leveled agai on that further pre-trial incarceration o ul purpose would be served by detai t is well settled proposition of law tha lica of post-conviction sentencing and re, urged that the petition deserves to icate have been filed. It is argued by habitual offender as other cases are ravity of the allegations as leveled o be given the concession of regular be dismissed. l submissions made by counsel for have formed membership of an d in prosecution of common object e co-accused had caused homicidal 24. The petitioner was not named in ntial evidence, and apart from the the petitioner, no other circumstance inant and brother of the victim were Trial will obviously take time to witnesses has been examined. His ason to deny benefit of bail to him. against the petitioner, this Court is ation of the petitioner is not required detaining the petitioner in custody aw that pre-trial incarceration should and that even bail is the rule and es to d by s are eled gular l for f an bject cidal ed in the tance were e to His him. urt is uired tody ould and AMIT SHARMA 2026.02.03 12:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-73777- jail is an exceptio Court is of the op Accordingly, the p on bail subject to h two sureties in concerned/Duty M or indirectly make with the facts of each and every d the Trial Court. 8. It is cla as an expression o influence the outco 9. Since any, is rendered in 02.02.2026 Amit Sharma -2025 (O&M) 4 ception. Taking into consideration the opinion that the petitioner has mad , the petition is allowed and the petiti ect to his furnishing personal as well a s in the like amount each to th uty Magistrate and subject to the cond make any inducement, threat or prom ts of the case. He shall appear befo ery date of hearing except when his p t is clarified that the observations mad sion of opinion of this Court on the m outcome of the trial in any manner. Since the main petition has been all ered infructuous.
(MA Whether speaking/reasoned:- Yes
  
ation the above discussed facts, this as made out a case for grant of bail. e petitioner is ordered to be released well as surety bonds to the extent of to the satisfaction of the Court e condition that he shall not directly or promise to any person acquainted r before the learned Trial Court on his presence has been exempted by s made above shall not be construed the merits of the case and shall not nner. een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
, this bail. ased nt of ourt ectly inted rt on d by trued ll not n, if AMIT SHARMA 2026.02.03 12:04 I attest to the accuracy and integrity of this order/judgment.