CRA-S-1200-2025 -1- 231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-1200-2025 Date of Decision:14.05.2025 ARSHDEEP SINGH …APPELLANT VS. STATE OF PUNJAB AND ANOTHER …RESPONDENTS Coram : Hon’ble Mr. Justice N.S.Shekhawat Present :- Mr. Parminder Singh, Advocate for the appellant. Mr. Ravneet Singh Joshi, Deputy, A.G., Punjab. Mr. Hardik Ahluwalia, Advocate for the complainant. *** N.S.Shekhawat J. (Oral) 1. The appellant has filed the present appeal against the impugned order dated 01.04.2025 passed by the Court of Additional Sessions Judge, Gurdaspur, in case FIR No.41 dated 17.06.2024 under Sections 302, 325, 34 of IPC (Section 307 IPC and Sections 3, 3(2)(v) of SC/ST Act added later on), registered at Police Station Kotli Surat Mallian, District Gurdaspur, whereby the application for grant of regular bail, filed by the appellant was ordered to be dismissed. 2. Learned counsel for the appellant submits that as per the allegations levelled by the complainant, on 16.06.2024, the complainant alongwith his mother Harjit Kaur, his cousin Dilbagh Singh and his uncle VIPIN KUMAR 2025.05.15 10:51 I attest to the accuracy and integrity of this judgment/order CRA-S-1200-2025 -2- Rattan Singh alongwith his neighbourer Amandeep Singh were standing at the house of his uncle. At that time, Arshdeep Singh, petitioner and Harmanpreet Singh were standing on their tractors and were playing stereo on their tractors on loud volume and causing inconvenience to the neighbourers. When they were asked to stop the music, they had altercation with them and they called Vijaypal Singh and their accomplices. The tractor driven by Vijaypal Singh had run over the complainant and his mother Harjit Kaur, in order to kill them. Nishan Singh suffered serious injuries on his person, whereas his mother Harjit Kaur had died at the spot. 3. Learned counsel for the appellant further contends that in fact it was a case of a road accident and has been exaggerated by the complainant and the offence under Section 302 IPC has been wrongly added in the present case. He further contends that similarly placed co-accused Arshpreet Singh alias Arshdeep Singh has been granted the concession of bail by this Court on 30.04.2025. The appellant was arrested in the present case on 12.11.2024 and is in custody since then. Moreover, no specific role has been assigned to the present appellant. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the appellant on the ground that the serious allegations have been levelled against the present appellant and he does not deserve the concession of bail by this Court. He has also filed status report by way of an affidavit of the Deputy Superintendent of Police, Sub Division Dera Baba Nanak, Police District Batala on behalf of the respondent- State and the same is taken on record. VIPIN KUMAR 2025.05.15 10:51 I attest to the accuracy and integrity of this judgment/order CRA-S-1200-2025 -3- 5. Learned counsel appearing on behalf of respondent No.2/complainant submits that he has no objection in case, the present appeal is allowed by this Court. 6. I have heard the learned counsel for the parties and perused the record carefully. 7. In the present case, it has been alleged that the present appellant was simply present at the place of occurrence and the offending vehicle i.e. tractor was admittedly driven by Vijaypal Singh, co-accused. The appellant is in custody since12.11.2024 and similarly placed co-accused Arshpreet Singh alias Arshdeep Singh has been granted the concession of regular bail by this Court on 30.04.2025. Thus, the further custody of the appellant will not serve any useful purpose. 8. Without commenting on the merits of the case, the present appeal is allowed and the appellant 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. 14.05.2025 (N.S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.15 10:51 I attest to the accuracy and integrity of this judgment/order