CRM-M No.20108 of 2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113 CRM-M No.20108 of 2025 (O&M) Date of decision: 09.04.2025 Gurkirat Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Jashan Mehta, Advocate for the petitioner. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of anticipatory bail to the petitioner in FIR No.0076 dated 18.03.2025, registered under Sections 309(4), 303(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS, 2023’) and Section 25 of the Arms Act, 1959, at Police Station Kharar, District S.A.S. Nagar (Mohali). 2. In brief, the present FIR (supra) has been registered on the basis of a ruqa sent by ASI Jatinder Singh, who stated that on 18.03.2025, he and other police officials were conducting a search operation for suspected criminals near Village Sante Majra, Kharar. At about 07:00 PM, ASI Jatinder Singh received a secret information that Gurkirat Singh (petitioner herein) along with 2-3 other accomplices, is involved in committing robberies and vehicle thefts at gunpoint. The informer further disclosed that the accused were habitual offenders, with MOHD YAKUB 2025.04.09 15:43 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M No.20108 of 2025 2 numerous criminal cases already registered against them. The accused reportedly used various vehicles to commit their crimes, and it was suggested that a search of their residences and hideouts could lead to the recovery of stolen vehicles and illegal arms and ammunition. Based on this information, a ruqa was sent to the Police Station, leading to the registration of the FIR (supra) against the petitioner and his co-accused. Fearing imminent arrest, the petitioner – Gurkirat Singh has now filed the present anticipatory bail application. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the FIR (supra) and he has no concern with the alleged thefts. The case set up by the prosecution is based on hear-say and vague allegations are made against the petitioner on the basis of the secret information. The petitioner is being made as an accused just to solve the pending theft cases. He further submits that neither the petitioner was apprehended at the spot nor any other material was collected in the shape of CCTV footage or tower locations to establish the presence of the petitioner at the alleged spot of incident. 4. Per contra, learned State counsel, on instructions from ASI Jatinder Singh, opposes the prayer made by learned counsel for the petitioner on the ground that the petitioner is a member of inter-state gang, operating in the State of Punjab and U.T., Chandigarh. The petitioner is involved in 04 more cases and earlier also, 47 motorcycles were recovered from the accused persons, including the present petitioner. He further submits that the petitioner is also involved in MOHD YAKUB 2025.04.09 15:43 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M No.20108 of 2025 3 stealing one Dzire car and Bullet motorcycle and out of 07 accused, 06 accused have already been arrested and all of them have named the petitioner in their disclosure statements and pursuant to their disclosure statements, certain recoveries were also effected. 5. After carefully considering the facts and circumstance of the case, this Court finds no merit in the present petition. The petitioner is accused of being involved in serious criminal activities, including robberies and vehicle thefts, and he has been linked to an inter-state criminal gang. The prosecution has provided strong evidence, including the disclosure statements of the co-accused and recoveries made in connection with the case, which point towards the petitioner’s active involvement in the alleged incident. Furthermore, the petitioner’s history of criminal involvement raises concerns about the possibility of him fleeing or tampering with the evidence. 6. In light of the above, the present petition is dismissed. (HARPREET SINGH BRAR) JUDGE 09.04.2025 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MOHD YAKUB 2025.04.09 15:43 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh