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2025 DAILYLAW 49968 (PNJ)

RAJDEEP SINGH ALIAS RAJA v. STATE OF PUNJAB

CRM-M/22640/2025 · 2025-05-05

N S Shekhawat

body2025

Judgment text

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CRM-M-22640-2025 -1- 249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22640-2025 Date of Decision:05.05.2025 RAJDEEP SINGH ALIAS RAJA …PETITIONER VS. STATE OF PUNJAB …RESPONDENT Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Nitin Mittoo, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of BNSS, 2023 with a prayer to grant regular bail to him in case FIR No.157 dated 28.07.2024, registered under Sections 109, 307, 3(5) BNS & Sections 25, 27 Arms Act, Police Station Dasuya, District Hoshiarpur. 2. On the oral request made by learned counsel for the petitioner, Section 111 of BNS is ordered to be added in the head note as well as prayer clause of the petition. The Registry is directed to carry out the necessary correction accordingly. 3. Learned counsel for the petitioner contends that the petitioner was not initially named in the FIR nor any physical description of any of the accused was mentioned. As per the allegations, Abhi Rahimpurya and 03 VIPIN KUMAR 2025.05.06 20:37 I attest to the accuracy and integrity of this judgment/order CRM-M-22640-2025 -2- unknown persons had allegedly committed the offence, but later on, the petitioner was nominated as an accused on the basis of the disclosure statement made by the co-accused. He further contends that the petitioner was arrested in the present case on 05.08.2024 and is in custody for the last about 09 months. He further contends that similarly placed co-accused, Ajay Kumar has been granted the concession of regular bail by this Court vide order dated 27.03.2025 (Annexure P-4). 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner. He further submits that two more cases have been ordered to be registered against the petitioner and he does not deserve the concession of bail by this Court. 5. I have heard the learned counsel for the parties and perused the record. 6. The petitioner is stated to be in custody for the last about 09 months. In the present case, Amritpal Singh had allegedly suffered injuries, however, he has already been discharged from the hospital. Moreover, as per learned counsel, charge has not been framed against the petitioner so far and there are no chances of early conclusion of the trail. 7. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the VIPIN KUMAR 2025.05.06 20:37 I attest to the accuracy and integrity of this judgment/order CRM-M-22640-2025 -3- facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 8. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 05.05.2025 (N.S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.05.06 20:37 I attest to the accuracy and integrity of this judgment/order