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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24597-2025 Date of Decision:12.05.2025 Arunpreet Singh
…Petitioner vs. State of Punjab
…Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Harinder Pal Singh Ishar, Advocate for the petitioner. Mr. Ravneet Singh Joshi, DAG, Punjab. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the present petition under Section 483 of B.N.S.S 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) and 111 of B.N.S, Section 111 of B.N.S added later on and under Sections 25,27 of Arms Act, Police Station Dasuya, Hoshiarpur, District Hoshiarpur (Annexure P-1).
2.
Learned counsel for the petitioner contends that the F.I.R was initially registered against Abhi Rahimpurya and three other unknown persons and the petitioner was not named in the F.I.R. He further contends that the petitioner has been nominated as an accused in the present case only on the disclosure statement suffered by co-accused and even as per the said statement, no injury has been attributed to him. Learned counsel for the petitioner further contends that the petitioner was arrested in the present case on 05.08.2024 without any evidence and the challan has already been presented against him. Moreover, vide order dated 27.03.2025 (Annexure P-3) passed by this Court, HITESH 2025.05.12 17:37 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
CRM-M-24597-2025 -2 co-accused Ajay Kumar has already been granted the concession of bail. He further contends that the prosecution has relied upon 21 witnesses, but no witness has been examined so far.
3. On the other hand, learned State counsel has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the petitioner and the petitioner is not entitled for the concession of regular bail.
4. I have heard the learned counsel for the parties and perused the record carefully.
5. In the present case, the petitioner was arrested on 05.08.2024 and is in custody for the last about eight months. The final report under Section 173 Cr.P.C has already been presented against him and the prosecution has not been able to examine even a single witness so far. Thus, there are no chances of earlier conclusion of the trial.
6. 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
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 HITESH 2025.05.12 17:37 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
CRM-M-24597-2025 -3 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.
7. 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.
(N.S.SHEKHAWAT) 12.05.2025
JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.05.12 17:37 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh