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2025 DAILYLAW 46039 (PNJ)

ASI GURJEET SINGH v. STATE OF PUNJAB

CRM-M/21336/2025 · 2025-09-08

Aman Chaudhary

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Judgment text

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CRM-M-21336 IN THE HIGH COURT OF PUNJAB & HARYANA AT 211 ASI GURJEET SINGH STATE OF PUNJAB CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. BNSS is for grant of regular bail to the petitioner in case FIR No. 06.02.2025, registered under Sections 61(2) of BNSS, 2023 at Police Station Mohkampura, District Amritsar. 2. in custody for petitioner was not which order dated 21.08.2025 for framing of charges The remaining offences 21336-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision ASI GURJEET SINGH Versus STATE OF PUNJAB CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Ms. Gursharan Kaur Mann, Sr. Advocate with Ms. Armandeep Kaur Sidhu, Advocate and Mr. Anmol Jeevan S. Gill, Advocate, for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab. AMAN CHAUDHARY, J. (ORAL) Prayer in the present petition filed under Section 483 of BNSS is for grant of regular bail to the petitioner in case FIR No. 06.02.2025, registered under Sections 308(2), 3( 61(2) of BNSS, 2023, and Section 7 of the Prevention of Corruption Act, at Police Station Mohkampura, District Amritsar. Learned Senior Counsel contends that the petitioner has been in custody for about 7 months. She alleges false implication. was not charge-sheeted under Section 7 of the P.C Act, which order dated 21.08.2025 for framing of charges The remaining offences are triable by the Magistrate -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21336-2025(O & M) Date of decision: 08.09.2025 ....Petitioner ...Respondent BLE MR. JUSTICE AMAN CHAUDHARY Ms. Gursharan Kaur Mann, Sr. Advocate with Ms. Armandeep Kaur Sidhu, Advocate and Mr. Anmol Jeevan S. Gill, Advocate, Mr. Manipal Singh Atwal, DAG, Punjab. Prayer in the present petition filed under Section 483 of BNSS is for grant of regular bail to the petitioner in case FIR No.10 dated 308(2), 3(5), 305, 333, 319(2) and and Section 7 of the Prevention of Corruption Act, at Police Station Mohkampura, District Amritsar. ounsel contends that the petitioner has been alleges false implication. The sheeted under Section 7 of the P.C Act, for which order dated 21.08.2025 for framing of charges has been referred to. are triable by the Magistrate. None out of 13 PARVEEN KUMAR 2025.09.08 17:55 I attest to the accuracy and integrity of this order/judgment. -2- CRM-M-21336-2025 witnesses has been examined. The petitioner is involved in another case, wherein he is on bail. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382. 3. Short reply by way of affidavit of the Assistant Commissioner of Police, East, Amrtisar, filed in the Court, is taken on record. 4. Learned State counsel opposes the bail on the ground that there are specific allegations of snatching and extortion against the petitioner. However, he is unable to controvert the submissions with regard to stage of the case and the petitioner being on bail in another case. 5. Heard. 6. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra)had held that, “As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court, etc.” 7. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last about 7 months; on bail in another case; out of 13 witnesses, none has been examined; the trial is likely to take a considerable time, further incarceration of the PARVEEN KUMAR 2025.09.08 17:55 I attest to the accuracy and integrity of this order/judgment. -3- CRM-M-21336-2025 petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed. 8. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/ intimidate the prosecution witnesses. (iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner. (vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. PARVEEN KUMAR 2025.09.08 17:55 I attest to the accuracy and integrity of this order/judgment. -4- CRM-M-21336-2025 9. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 10. In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. 08.09.2025 (AMAN CHAUDHARY) parveen kumar JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No PARVEEN KUMAR 2025.09.08 17:55 I attest to the accuracy and integrity of this order/judgment.