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2025 DAILYLAW 60302 (PNJ)

KISHORE GUPTA v. STATE OF PUNJAB

CRM-M/27790/2025 · 2025-07-29

Manisha Batra

body2025

Judgment text

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CRM-M-27790- IN THE HIGH COURT OF PUNJAB AND HARYANA Kishore Gupta State of Punjab CORAM : Present : MANISHA BATRA, J. 1. Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 233 dated 10.09.2023, registered under Sections 302, 148 and 149 of IPC at Police Station Sahnewal, District Ludhaina. 2. statement recorded by complainant Lalan Shah alleging therein that on 07.09.2023 and 08.09.2023, the petitioner along with co unknown person had assaulted his wife and himself. His wife had sustained serious injuries and was ta the course of the treatment. He alleged that accused Archana used to throw dirty water in front of their house and on asking her to stop, the petitioner and co accused had caused injuries to his wife and FIR, investigation proceedings were initiated. Post dead body of the victim and inquest proceedings were conducted. The petitioner -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Kishore Gupta VERSUS State of Punjab CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Yogesh Goel, Advocate Mr. Izairra Mittal, Advocate for the petitioner. Mr. Roshandeep Singh, AAG, Punjab. MANISHA BATRA, J. (Oral) Prayer in this petition, filed under Section 483 of Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 233 dated 10.09.2023, registered under Sections 302, 148 and 149 of IPC at Police Station Sahnewal, District Ludhaina. The aforementioned FIR was registered on the statement recorded by complainant Lalan Shah alleging therein that on 07.09.2023 and 08.09.2023, the petitioner along with co unknown person had assaulted his wife and himself. His wife had sustained serious injuries and was taken to hospital but succumbed to her injuries during the course of the treatment. He alleged that accused Archana used to throw dirty water in front of their house and on asking her to stop, the petitioner and co accused had caused injuries to his wife and FIR, investigation proceedings were initiated. Post dead body of the victim and inquest proceedings were conducted. The petitioner 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27790-2025 (O&M) Reserved on : 23.07.2025 Pronounced on : 29.07.2025 ....Petitioner VERSUS ....Respondent JUSTICE MANISHA BATRA Mr. Izairra Mittal, Advocate for the petitioner. Mr. Roshandeep Singh, AAG, Punjab. Prayer in this petition, filed under Section 483 of Bharatiya Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 233 dated 10.09.2023, registered under Sections 302, 148 and 149 of IPC at Police Station Sahnewal, District Ludhaina. The aforementioned FIR was registered on the basis of the statement recorded by complainant Lalan Shah alleging therein that on 07.09.2023 and 08.09.2023, the petitioner along with co-accused and unknown person had assaulted his wife and himself. His wife had sustained ken to hospital but succumbed to her injuries during the course of the treatment. He alleged that accused Archana used to throw dirty water in front of their house and on asking her to stop, the petitioner and co accused had caused injuries to his wife and himself. After registration of the FIR, investigation proceedings were initiated. Post-mortem examination of the dead body of the victim and inquest proceedings were conducted. The petitioner (O&M) Reserved on : 23.07.2025 Pronounced on : 29.07.2025 Petitioner Respondent Bharatiya Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 233 dated 10.09.2023, registered under Sections 302, 148 and 149 of basis of the statement recorded by complainant Lalan Shah alleging therein that on one unknown person had assaulted his wife and himself. His wife had sustained ken to hospital but succumbed to her injuries during the course of the treatment. He alleged that accused Archana used to throw dirty water in front of their house and on asking her to stop, the petitioner and co- himself. After registration of the mortem examination of the dead body of the victim and inquest proceedings were conducted. The petitioner MOHAMMAD WASEEM ANSARI 2025.07.29 10:45 I attest to the accuracy and integrity of this document CRM-M-27790- was arrested on 11.09.2023. He suffered disclosure statement ad involvement in the crime and got recovered a assault the victim. Investigation now stands completed and the petitioner is facing trial for commission of aforementioned offences. 3. falsely implicated in this case. No specific role has been attributed to him. was not armed with any weapon three days in registration of FIR. The material witnesses have not supported the prosecution version. been extended benefit of bail by this Court, vide order dated 25.04.2024 pa in CRM-M- the same benefit. It is, therefore, allowed. 4. Punjab has argued against the petitioner, he 5. and have also gone through the record carefully 6. with the co- have opened an assault upon the victim Manti Devi on 07.09.2023 and 08.09.2023 and is alleged to have caused her homicidal death Lalan Shah, who implicated the petitioner in commission of of Rather he is shown to have stated that some unknown persons had entered inside -2025 (O&M) was arrested on 11.09.2023. He suffered disclosure statement ad involvement in the crime and got recovered a assault the victim. Investigation now stands completed and the petitioner is facing trial for commission of aforementioned offences. It is argued by learned counsel f falsely implicated in this case. No specific role has been attributed to him. was not armed with any weapon even as per the allegations three days in registration of FIR. The material witnesses have not supported the prosecution version. The trial will take time been extended benefit of bail by this Court, vide order dated 25.04.2024 pa -60070-2024. On the grounds of parity, the petitioner too deserves same benefit. It is, therefore, is urged that Status report has been filed. Learned Assistant Advocate General, Punjab has argued that keeping in view the gravity against the petitioner, he does not deserve to be extended benefit of bail. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully The petitioner by forming membership of an unlawful assembly -accused and in prosecution of common object thereof opened an assault upon the victim Manti Devi on 07.09.2023 and 08.09.2023 and is alleged to have caused her homicidal death Lalan Shah, who appeared before learned trial Court as PW the petitioner in commission of of Rather he is shown to have stated that some unknown persons had entered inside 2 was arrested on 11.09.2023. He suffered disclosure statement admitting his involvement in the crime and got recovered a bamboo stick used by him to assault the victim. Investigation now stands completed and the petitioner is facing trial for commission of aforementioned offences. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. No specific role has been attributed to him. as per the allegations. There is delay of three days in registration of FIR. The material witnesses have not supported the The trial will take time to conclude. Co-accused Kiran has been extended benefit of bail by this Court, vide order dated 25.04.2024 pa On the grounds of parity, the petitioner too deserves is urged that the petition deserves to be Learned Assistant Advocate General, keeping in view the gravity of the allegations levelled does not deserve to be extended benefit of bail. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. The petitioner by forming membership of an unlawful assembly and in prosecution of common object thereof is alleged to opened an assault upon the victim Manti Devi on 07.09.2023 and 08.09.2023 and is alleged to have caused her homicidal death. The complainant appeared before learned trial Court as PW-1, has not the petitioner in commission of offence of murder of the victim. Rather he is shown to have stated that some unknown persons had entered inside mitting his bamboo stick used by him to assault the victim. Investigation now stands completed and the petitioner is he has been falsely implicated in this case. No specific role has been attributed to him. He . There is delay of three days in registration of FIR. The material witnesses have not supported the accused Kiran has been extended benefit of bail by this Court, vide order dated 25.04.2024 passed On the grounds of parity, the petitioner too deserves the petition deserves to be Learned Assistant Advocate General, of the allegations levelled I have heard learned counsel for the parties at considerable length The petitioner by forming membership of an unlawful assembly is alleged to opened an assault upon the victim Manti Devi on 07.09.2023 and . The complainant , has not fence of murder of the victim. Rather he is shown to have stated that some unknown persons had entered inside MOHAMMAD WASEEM ANSARI 2025.07.29 10:45 I attest to the accuracy and integrity of this document CRM-M-27790- his house and had inflicted injuries on the person of his wife leading to her death. Similarly, PW have supported the prosecution case. Annexure P deposition recorded by PW victim. He is too shown to have stated that his mother had sustained injuries at the hands of som accused. As such, it emerges that material witnesses have not supported the version of the prosecution to the effect that the petitioner was one amongst the persons who had caused homicidal dea custody since long. The trial is likely to take time to conclude as many witnesses remain to be examined. of regular bail by this Court, as mentioned above. evidence which has come on record, the period of incarceration of the petitioner and the above di that the petitioner deserves to be released on bail. Accordingly, the pe allowed and the petitioner is ordered to be admitted to bail subject to furnishing personal/surety bonds to the satisfaction of learned trial Court/CJM concerned. 7. only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 29.07.2025 Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari -2025 (O&M) his house and had inflicted injuries on the person of his wife leading to her death. Similarly, PW-2 Laddu Kumar, brother of the victim is also no have supported the prosecution case. Annexure P deposition recorded by PW-3 Badal Kumar son of the complainant as well as victim. He is too shown to have stated that his mother had sustained injuries at the hands of some unknown persons and not by the present petitioner and the co accused. As such, it emerges that material witnesses have not supported the version of the prosecution to the effect that the petitioner was one amongst the persons who had caused homicidal death of the victim. The petitioner is in custody since long. The trial is likely to take time to conclude as many witnesses remain to be examined. Co-accused Kiran has already been granted concession of regular bail by this Court, as mentioned above. evidence which has come on record, the period of incarceration of the petitioner and the above discussed facts and circumstances, I am that the petitioner deserves to be released on bail. Accordingly, the pe allowed and the petitioner is ordered to be admitted to bail subject to furnishing personal/surety bonds to the satisfaction of learned trial Court/CJM However, it is clarified that the observations made herein above are for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. .2025 Whether speaking/reasoned Whether reportable 3 his house and had inflicted injuries on the person of his wife leading to her 2 Laddu Kumar, brother of the victim is also not shown to have supported the prosecution case. Annexure P-5 is a photocopy of sworn 3 Badal Kumar son of the complainant as well as victim. He is too shown to have stated that his mother had sustained injuries at e unknown persons and not by the present petitioner and the co accused. As such, it emerges that material witnesses have not supported the version of the prosecution to the effect that the petitioner was one amongst the th of the victim. The petitioner is in custody since long. The trial is likely to take time to conclude as many witnesses accused Kiran has already been granted concession of regular bail by this Court, as mentioned above. Keeping in view the nature of evidence which has come on record, the period of incarceration of the petitioner scussed facts and circumstances, I am of the considered opinion that the petitioner deserves to be released on bail. Accordingly, the petition is allowed and the petitioner is ordered to be admitted to bail subject to furnishing personal/surety bonds to the satisfaction of learned trial Court/CJM However, it is clarified that the observations made herein above are for the purpose of deciding the present petition and the same shall have no ( MANISHA BATRA ) JUDGE Whether speaking/reasoned Yes/No Yes/No his house and had inflicted injuries on the person of his wife leading to her t shown to 5 is a photocopy of sworn 3 Badal Kumar son of the complainant as well as victim. He is too shown to have stated that his mother had sustained injuries at e unknown persons and not by the present petitioner and the co- accused. As such, it emerges that material witnesses have not supported the version of the prosecution to the effect that the petitioner was one amongst the th of the victim. The petitioner is in custody since long. The trial is likely to take time to conclude as many witnesses accused Kiran has already been granted concession in view the nature of evidence which has come on record, the period of incarceration of the petitioner opinion tition is allowed and the petitioner is ordered to be admitted to bail subject to his furnishing personal/surety bonds to the satisfaction of learned trial Court/CJM However, it is clarified that the observations made herein above are for the purpose of deciding the present petition and the same shall have no ( MANISHA BATRA ) MOHAMMAD WASEEM ANSARI 2025.07.29 10:45 I attest to the accuracy and integrity of this document