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CRM-M-20878-2025 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 265 CRM-M-20878-2025 Date of decision: 28th May, 2025 Amritpal Singh @ Amrik @ Ambi ...Petitioner Versus State of Punjab ...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. A.P.S. Rehan, Advocate for the petitioner. Ms. Sakshi Bakshi, Assistant Advocate General, Punjab. *** MANISHA BATRA, J (ORAL):- The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 136 dated 23.10.2024 registered under Sections 109, 111, 308(4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25 of Arm Act (Section 115(2) and 112 of BNS added later on) at Police Station Dera Baba Nanak, Police District Batala, District Gurdaspur.
2.
Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of statement got recorded by the complainant Randeep Singh, alleging therein that on 23.10.2024, he along with his assistant Akash was present in his medical store, when one youth reached there and gave him a signal to come outside and when the complainant reached near him, he took out a pistol and fired a shot towards the complainant thereby injuring his left thigh. The complainant raised clamour. On hearing the same, his brother rushed for his rescue and then the assailants fled away. After registration of FIR, Parveen Sharma 2025.05.29 14:16 I attest to the accuracy and integrity of this document
CRM-M-20878-2025 2- investigation proceedings were initiated. During investigation, a secret information was received that the accused Anmoldeep Singh was the person who had made an attempt to murder the victim and after the occurrence, co- accused Manjit Kaur, who is mother of the above said accused along with her husband had provided shelter and motor bike to the accused and they were fully aware about the incident. Offence under Section 111(5) of BNS was added. During the investigation, the present petitioner was nominated as an accused, on the disclosure statement of co-accused Anmol Singh, on the allegation that he, along with the co-accused, had conducted a recce of the complainant and provided him escape route to accused-Jobanpreet Singh. He was arrested on 05.01.2025. Investigation now stands concluded. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the allegations that the he conducted a recee on complainant. The disclosure statement suffered by the co-accused cannot be considered to be admissible against him. He is in custody since long. Trial is likely to take time. Co-accused Kamaljeet Singh @ Kamal, Baljit Singh, Balbir Singh, Manjit Kaur and Navtej Singh, whose case was on similar footing, have been extended benefit of bail. On parity, he too deserves to be released on bail. Therefore, it is urged that the petition deserves to be allowed. 4. Status report has been filed. Learned Assistant Advocate General, Punjab, has submitted that there are serious allegations against the petitioner, who, being a member of an organized gang, conducted a recce of the complainant and provided escape route to main accused Jobanpreet Singh.
There are chances of petitioner’s intimidating the witnesses or absconding, if extended benefit of bail. Therefore, it is urged that he does Parveen Sharma 2025.05.29 14:16 I attest to the accuracy and integrity of this document
CRM-M-20878-2025 3- not deserve to be released on bail. 5. I have heard learned counsel for the parties at considerable length and have gone through the record carefully. 6. The petitioner is alleged to be a member of an organized crime syndicate for committing offences of extortion. As per the allegations, he had conducted a recce of the complainant and provided escape route. He is in custody since 05.01.2025. Trial is likely to take time. No useful purpose would be served by keeping him in custody anymore. Co-accused, against whom similar allegations have been levelled, have already been granted concession of bail by this Court. Keeping in view the nature of allegations as levelled against the petitioner, the period of his incarceration, the fact that he does not have any criminal antecedents coupled with the fact that the trial would take time as well as the co-accused have been granted bail, I am of the considered opinion that he deserves to be released on bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned. 7. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 8. Since the main petition has been allowed, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 28th May, 2025 Parveen Sharma
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No Parveen Sharma 2025.05.29 14:16 I attest to the accuracy and integrity of this document