CRM-M-22808-2025 1 213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22808-2025 Date of Decision: 27.08.2025 RAKESH KUMAR ALIAS RAKU SINGH ......... Petitioner Versus STATE OF PUNJAB ..... Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. Ankit Bishnoi, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. **** YASHVIR SINGH RATHOR , J. (Oral) 1. This is first petition under Section 483 of the BNSS, 2023 for regular bail in case FIR No.28, dated 17.03.2024, registered at Police Station Bahavwala, Abohar District Fazilka, Punjab under Sections 302, 307, 324, 323, 148 and 149 of IPC, 1860. 2. Learned counsel for the petitioner as well as learned State counsel have been heard and material collected by the police during investigation has been perused. 3. The present case was registered on the basis of complaint given to the police by Mangat Singh @ Manga with the allegation that on 16.03.2024 his brother Johnny, his friend Loverpreet, Ankit Kumar and Asim Bishnoi had gone in Ankit’s car to Village Himmatpura and when they were returning to Sitto from Village Himmatpura at about 10:00 P.M, many persons were standing near bus stand Sito Gunno armed with kappa and Dang etc. Pawan Bhath was standing in front of the head light Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document CRM-M-22808-2025 2 of the car armed with a kappa while Neel Kamal armed with kappa, Hardeep alias Ladiya armed with a kappa, Dharamvir armed with a Gandasi, Kuldeep armed with a kappa, Vishal armed with a rod, Raju alias Nanian armed with a iron rod, Pawan armed with a Baseball bat, Dharma armed with a Sota, Rakesh alias Raku armed with Dang, Bharat Thakur armed with a rod, Ravi armed with a sota, Kamal armed with a sota, Vinod armed with a Sota, Sonu armed with a dang, Bindu Megh armed with rod, Dharampal alias Guri armed with dang, Vikas armed with dang and 8/10 other unidentified persons were standing who stopped their vehicles. When they got out of the car, Pawan Bhath and Neel Kamal raised a lalkara that today they should not be spared and should be killed. Johnny and Lovepreet ran towards the school but accused chased them and in his presence, they launched an assault upon them and caused injuries to both Johnny and Lovepreet with their respective weapons in their possession. When neighbors were attracted to the spot upon hearing the cries, they ran away alongwith their weapons. Both the injured were taken to the hospital but his brother Johnny died on the way and he sought action against them. Accused were arrested and the final report was presented and now trial is fixed for prosecution evidence. 4. Learned counsel for the petitioner argued that petitioner has been falsely implicated in the present case. No specific injury is attributed to him. As per the status report furnished by the police today, petitioner was empty handed and was not armed with any weapon. No specific injury has been attributed to him which falsifies the version in FIR that he alongwith co-accused had assaulted the deceased. Learned counsel contended that petitioner is in custody since 19.12.2024. Out of 26 Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document CRM-M-22808-2025 3 witnesses cited by the prosecution, none has been examined till date. The trial is likely to take some more time to conclude and petitioner be, thus, released on bail. 5. On the other hand, learned State counsel has opposed the bail and argued that petitioner does not deserve to be released on bail in view of the gravity of the offence and that he will try to win over or intimidate the witnesses in case, he is released on bail. Learned State prayed that bail application of the petitioner be dismissed. 6. The allegations against the petitioner are serious in nature. He alongwith 21 co-accused assaulted the victim and Lovepreet after chasing them inside the school premises. 12 injuries have been found on the person of deceased and he died on account of multiple injuries suffered by him. The trial is at initial stage. In case, petitioner is released on bail, he will try to win over or intimidate the witnesses and in view of gravity of the offence, petitioner does not deserve to be released on regular bail. 7. Dismissed. (YASHVIR SINGH RATHOR) JUDGE 27.08.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No Asgar Ali 2025.08.28 08:44 I attest to the accuracy and integrity of this document