CRM-M-21295-2025 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 266 CRM-M-21295-2025 Date of decision: 28th May, 2025 Lakhandeep Singh @ Warris ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Paras Jagga, 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 Parveen Sharma 2025.05.29 18:33 I attest to the accuracy and integrity of this document CRM-M-21295-2025 2- fired a shot towards the complainant thereby injuring his left thigh. The complainant raised clamour and on hearing the same, his brother rushed for his rescue and then the assailants fled away. After registration of FIR, investigation proceedings were initiated. During investigation, a secret information was received that the accused Jobanpreet Singh was the person who had made an attempt to murder the victim. Offence under Section 111(5) of BNS was added. During investigation, the present petitioner was nominated as an accused, on the disclosure statement of co-accused Jobanpreet Singh, on the allegation that he, along with the co-accused, had conducted a recce of the complainant. He was arrested on 22.12.2024. 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. Most of the co-accused, 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 as well as custody certificate have 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 was medium of communication between co-accused Jeewan Fauzi and Jobanpreet, who had actually fired shot at the complainant. There are chances of petitioner’s intimidating the witnesses or absconding, if extended benefit of bail. Parveen Sharma 2025.05.29 18:33 I attest to the accuracy and integrity of this document CRM-M-21295-2025 3- Therefore, it is urged that he does 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 in custody since 22.12.2024. 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. Though some cases have been registered against him and he has criminal antecedents but his involvement therein cannot be considered a ground for denying benefit of bail to him. In view of the discussion as made above, 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 18:33 I attest to the accuracy and integrity of this document