213 IN THE HIGH COURT OF PUNJAB AND HARYANA GURDEEP SINGH @ GEEPA STATE OF HARYANA CORAM: HON’BLE MR. Present: Mr. Mr. Gunjeet Singh Brar, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. HARPREET SINGH BRAR 1. This is the first petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in case bearing FIR No. 118(2), 190, 191(2), 191(3) a registered at Police Station 2. In brief, facts of the case are that stated that on 25.07.2024, when he along with his father and cousin was taking bath at home, at about 9:00 PM, Lala Singh, Gurdeep Singh (petitioner herein), Lambi Singh, Rahul, Makhan Singh, Kulwinder Singh, Joginder Singh and Nikka Singh armed with their respective weapons i.e. kappa, sotti and Thereafter, all of them gave beatings to the complainant, his father and cousin on various parts of their body. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GURDEEP SINGH @ GEEPA V/S HARYANA HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Armaan Gagneja, Advocate for Mr. Gunjeet Singh Brar, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. **** HARPREET SINGH BRAR, J. (ORAL) This is the first petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in case bearing FIR No.381 dated 27.07.2024 118(2), 190, 191(2), 191(3) and 351(2) of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Dabwali Sadar, District In brief, facts of the case are that the complainant Ranjeet Singh stated that on 25.07.2024, when he along with his father and cousin was taking bath at home, at about 9:00 PM, Lala Singh, Gurdeep Singh (petitioner herein), Lambi Singh, Rahul, Makhan Singh, Kulwinder Singh, Joginder d Nikka Singh armed with their respective weapons i.e. and spade came into their house and started abusing them. Thereafter, all of them gave beatings to the complainant, his father and cousin on various parts of their body. When th IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18438-2025 Date of decision: 09.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR for Mr. Vikas Bhardwaj, AAG, Haryana. This is the first petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in under Sections 115, 118(1), of Bharatiya Nyaya Sanhita, 2023 , District Sirsa. the complainant Ranjeet Singh stated that on 25.07.2024, when he along with his father and cousin was taking bath at home, at about 9:00 PM, Lala Singh, Gurdeep Singh (petitioner herein), Lambi Singh, Rahul, Makhan Singh, Kulwinder Singh, Joginder d Nikka Singh armed with their respective weapons i.e. danda, r house and started abusing them. Thereafter, all of them gave beatings to the complainant, his father and his When the other persons arrived at the MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18438 spot, the assailants fled away while extending threat of life. The reason for the incident was previous complainant. Hence, the FIR ( 3. Learned counsel for the petitioner, co-accused, namely, No.61256 of 2024 Singh alias Makhan 27.11.2024 (Annexure P by this Court. complete and all the offences are triable by the Magistra petitioner is a young boy of 19 years of age behind the bars since 13.08.2024 not coming forward 4. Learned petitioner, which is take on record and petitioner on the ground that case as he has given grievous hurt to the co been specifically named in the FIR ( the fact that the petitioner is not involved in any other case. 5. A two Judge Bench of Hon’ble Supreme Court in ‘ Kumar Antil v. CBI’ of undertrial prisoner in India has observed: 18438-2025 2 spot, the assailants fled away while extending threat of life. The reason for the incident was previous altercation of accused persons with the father of the Hence, the FIR (supra) was registered against the peti Learned counsel for the petitioner, accused, namely, Sohan Singh alias Rahul Singh No.61256 of 2024 decided on 19.12.2024 (Annexure P Singh alias Makhan in case bearing CRM-M No.57555 of 2024 (Annexure P-4) have been granted the concession of He further contends that the investigation of the case is all the offences are triable by the Magistra petitioner is a young boy of 19 years of age, having clean antecedents and behind the bars since 13.08.2024. He further submits that the complainant is not coming forward to depose after the framing of charges on 27.11.2024. earned State counsel produces the custody certificate of the petitioner, which is take on record and per contra, on the ground that the petitioner is the main accused in the present case as he has given grievous hurt to the cousin of the complainant and has ally named in the FIR (supra). However, the fact that the petitioner is not involved in any other case. A two Judge Bench of Hon’ble Supreme Court in ‘ Kumar Antil v. CBI’ (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed: “6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not spot, the assailants fled away while extending threat of life. The reason for the altercation of accused persons with the father of the ) was registered against the petitioner. Learned counsel for the petitioner, inter alia, contends that two Sohan Singh alias Rahul Singh in case bearing CRM-M (Annexure P-3) and Kulwinder M No.57555 of 2024 decided on have been granted the concession of regular bail the investigation of the case is all the offences are triable by the Magistrate. He submits that the having clean antecedents and is . He further submits that the complainant is after the framing of charges on 27.11.2024. produces the custody certificate of the per contra, opposes the prayer of the the petitioner is the main accused in the present usin of the complainant and has However, he could not controvert the fact that the petitioner is not involved in any other case. A two Judge Bench of Hon’ble Supreme Court in ‘Satender , with respect to prevailing conditions 6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18438 6. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner i 13.08.2024. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. made any progress as out of 14 witnesses cited by the prosecution, none has been examined so far. of trial. No useful purpose shall be served by further accused/petitioner. Keeping the petitioner in further detention prospect of the trial being his rights under Article 21 of the Constitution of India. 7. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the outcome of the trial, the petitioner released on regular bail during the pendency of the trial on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 18438-2025 3 even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of the observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other.” Having heard learned counsel for the parties and after perusing record of the case, it transpires that the petitioner i . Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. made any progress as out of 14 witnesses cited by the prosecution, none has n examined so far. The culpability, if any, would be of trial. No useful purpose shall be served by further accused/petitioner. Keeping the petitioner in further detention prospect of the trial being concluded in the near future, would be his rights under Article 21 of the Constitution of India. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the me of the trial, the petitioner-Gurdeep Singh @ Geepa released on regular bail during the pendency of the trial on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be . In a democracy, there can never be an impression that it is a police State as both are conceptually Having heard learned counsel for the parties and after perusing record of the case, it transpires that the petitioner is behind the bar since . Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. The trial of the case has not made any progress as out of 14 witnesses cited by the prosecution, none has The culpability, if any, would be determined at the time of trial. No useful purpose shall be served by further detention of the accused/petitioner. Keeping the petitioner in further detention without the concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the Gurdeep Singh @ Geepa is ordered to be released on regular bail during the pendency of the trial on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18438 8. Nothing observed hereinabove s opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. April 09, 2025 manisha (i) (ii) 18438-2025 4 Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable hall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment