CRM-M-23508-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 110 CRM-M-23508-2025 Date of Decision: 02.05.2025 Raj Singh @ Rajbir Singh and another ...Peoners Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ashish Aggarwal, Advocate, for the peoners. Ms. Navreet Kaur Barnala, AAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta,on Sec,ons 43 21.03.2025 Sadar Pa-, District Tarn Taran 125, 191(3), 190 of BNS and secons 25 & 27 of Arms Act (Secon 61(2), 217, 227, 228, 229, 231 of BNS added lateron) 1. The peoners apprehending arrest in the FIR caponed above have come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 5 of the bail peon, the accused declare that they have no criminal antecedents. 3. The facts and allegaons are being taken from the translated copy of FIR annexed with the bail peon as Annexure P-1, which reads as follows: “xxx xxx Statement of Gurwinder Singh son of Chanan Singh resident of Bhai Ladhu aged 37 years, M.No.96534-xxxx. Stated that I am resident of above men'oned address and is an agriculturist. That today on 21-03-2025, we were going to village Bandala to play Kabaddi match. Prior to that, I along with Dharampreet Singh alias Preet son of Bhag Singh, Ajaibir Singh son of Salwinder Singh, Salwinder Singh son of Kashmir Singh residents of Bhai Ladhu while travelling on our Scorpio car were returning to Village Bhai Ladhu a5er picking up paternal aunt's (Bua) son Mangat Singh son 1 JYOTI 2025.05.03 12:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-23508-2025 of Tasbir Singh resident of Beharwal. At about 04/4:15 PM, when we reached near the bridge of Village Bhai Ladhu Singh, then the persons on two cars were standing by parking their cars ahead, which were comprised of Harpreet Singh son of Salwinder Singh, Gurchet Singh son of Salwinder Singh, Sukhdev Singh alias Kala son of Sarwan Singh, Gurmail Singh son of Gurdial Singh, Raj Singh son of Ginder Singh residents of Bhai Ladhu and 3/4 unknown persons, who were duly armed with rifles, pistols etc., who stopped our car and raised an alarm (Lalkaara) by saying that Dharampreet Singh alias Preet will not be let to play Kabaddi. His hands, feet will be chopped off. They fired 5/7 shots towards our car. We managed to save our life by running over the above said car and the accused persons ran away from the spot. The cause of enmity is that since the 'me of conclusion of Sarpanch elec'ons in our village, the dispute is going on. Take legal ac'on against the above said persons. Statement got recorded, heard, which is correct.” 4. The peoners’ counsel prays for bail by imposing any stringent condions and contends that pre-trial incarceraon would cause an irreversible injusce to the peoners and their family. 5. The State’s counsel on instrucons opposes bail. REASONING: 6. The present case is of version and cross-version. As per para no. 5 of the bail peon, no injuries have been aBributed. At this stage, it is impossible to find out who is aggressor. However, peoners are first offender, therefore, they should give one chance to reform their lives, as such, they are entled to bail. 7. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegaons and the other factors peculiar to this case, version and cross-version case, there would be no jusfiability for custodial interrogaon or the pre-trial incarceraon at this stage. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the 2 JYOTI 2025.05.03 12:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-23508-2025 peoners make a case for bail. 9. Given above, provided the peoners are not required in any other case, the peoners shall be released on ancipatory bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the Arresng Officer, and if the maBer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the peoners shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the aBesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. This order is subject to the peoners’ complying with the following terms. 12. The pe''oners are directed to join the inves'ga'on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves'gator. The peoners shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoners shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoners shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The peoners shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoners shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 14. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added 3 JYOTI 2025.05.03 12:10 I attest to the accuracy and integrity of this order/judgment. CRM-M-23508-2025 secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoners noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is condi onal, and the founda onal condi on is that if the pe oners indulge in any non-bailable offense, the State may file an applica on for cancella on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoners can download this order along with case status from the official web page of this Court and aBest it to be a true copy. If the aBesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aBesng bonds. 18. Pe,,on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 02.05.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI 2025.05.03 12:10 I attest to the accuracy and integrity of this order/judgment.