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CRM-M-15455-2025 -1- 237 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15455-2025 Date of Decision: 26.03.2025 Jaskaran Singh alias Lali …Petitioner vs. State of Punjab …Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vishva Bahl, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail in case FIR No.0190 dated 31.12.2023 registered under Sections 379(b)(2), 379 and 411 of IPC, at Police Station Chattiwind, District Amritsar. 2. The FIR in the present case was registered on the basis of the statement made by Akhil Gupta son of Ashok Kumar Gupta and the same has been reproduced below:-
“Statement of Akhil Gupta son of Ashok Kumar Gupta resident of House No.2460, Main Bazar, Gopal Nagar, Majitha Road, Amritsar, aged about 36 years, mobile No.8054786904. He has stated that I am resident of the above address and I work as a Zomato rider. On dated 25.12.2023, I had taken food delivery from Surjeet Food Plaza, Lawrence Road, Amritsar and was traveling on my motorcycle No. PB-02-EG-0538 make Splendor and was going towards Celebration Enclave, Gurwali via Tarn Taran Road by riding along with the pull (bridge) constructed over the same, HEMLATA 2025.03.27 00:21 I attest to the accuracy and integrity of this document
CRM-M-15455-2025 -2- when at about 8:30 o'clock in the night I had gone a little distance ahead from the descent of the pull (bridge) where from my back side two young boys riding on a bullet motorcycle and three young boys riding on a Splendor motorcycle approached me and who all stopped me, and the boy sitting on the backside of the Bullet displayed his Datar and looted two phones from me, one iPhone 14 and one OPPO F.19 Pro, my purse containing Rs.7,800/- cash, three ATM cards, Aadhar Card and then ran away on their motorcycle. Till now I had tried enquiring in my personal capacity and I have come to know that this incident has been committed by Gurpreet Singh alias Gora son of Jaspal Singh, Vishal son of mang, Jugraj Singh @ Bau son of Nachhatar Singh, Jaskaran Singh alias Lalli son of Charanjeet Singh, Harrai Singh alias Jobanjit Singh alias Mota son of Charanjeet Singh, all residents of Pandori Sindhwa, P.S. Jhabal, District Tarn Taran. Today I was going towards the Police Station to give intimation where I met with you, investigation be done.
I have got recorded my statement to you, heard it, it is found to be correct. Sd/- Akhil Gupta.”
3.
Learned counsel for the petitioner contends that the petitioner was falsely involved in the present case only on the basis of the suspicion. The petitioner was arrested in the present case on 03.01.2024. By referring to the orders Annexures P-3 to P-5 respectively, learned counsel submits that similarly placed co-accused, namely, Jugraj Singh alias Bau alias Bauu, Gurpreet Singh alias Gora and Vishal Singh have been granted the concession of bail by this Court.
4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that two more cases have been ordered to be registered against the petitioner. HEMLATA 2025.03.27 00:21 I attest to the accuracy and integrity of this document
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5. I have heard the learned counsel for the parties and perused the record.
6. It is not in dispute that similarly placed co-accused, namely, Jugraj Singh alias Bau alias Bauu, Gurpreet Singh alias Gora and Vishal Singh have already been granted the concession of bail by this Court vide orders (Annexures P-3 to P-5 respectively). The petitioner is in custody for the last 01 year and 03 months and the trial is not likely to conclude in near future.
7. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.
(N.S.SHEKHAWAT) 26.03.2025
JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.03.27 00:21 I attest to the accuracy and integrity of this document