CRM-M-32306-2025 -1- 216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32306-2025 DECIDED ON: 17.06.2025 AJAY KUMAR ALIAS BILLI .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Vaibhav Narang, Advocate for the petitioner. Mr. Sandeep Singh, AAG Punjab SANDEEP MOUDGIL, J (ORAL) 1. Prayer The jurisdiction of this Court has been invoked under Section 483 BNSS, 2023 seeking regular bail to the petitioner in case FIR No. 0017 dated 24.02.2025, under section 61(2) BNS, 2023 & Section 7, 7-A of Prevention of Corruption Act, 1988 as amended by (Amendment) Act, 2018, section 238 of BNS added later on vide DDR No. 24 dated 19.03.2025 registered at Police Station 'C' Division, District Police Commissionerate Amritsar. 2. Facts Facts as narrated in the FIR reads as under:- “Station House Officer Police Station C Division, today myself ACP along with my reader ASI Tilak Raj No. 3569/Asr., constable Paramjit Singh no. 1832/Asr. gunman constable Gulshanjeet Singh no. 694/Asr. on public vehicle Bolero no. PB 02 CR 3391 whose driver is LR/ASI MEENU 2025.06.17 18:45 I attest to the accuracy and integrity of this document CRM-M-32306-2025 -2- Bhupinder Singh no. 3174/Asr. with respect to the checking duty we were present at Chatiwind Chowk Amritsar. The laptop and printer was there in the vehicle then secret informer came to me and informed that FIR no. 13/2025 under NDPS Act which has been registered in police station C Division Amritsar, in this accused Dilbagh Singh alias Baba resident of Jawahar Nagar, Bagwali Gali, Mehta Road, Amritsar heroin has been recovered and this heroin has been purchased by Dilbagh Singh from Ajay Kumar alias Billi son of Roshan Lal resident of street no. 3, Gujjarpura, Amritsar. In this case Ajay Kumar alias Billi is also named, however, constable Varinder Singh no. 3765/Asr. posted in police station C Division Amritsar in order to give benefit in the case to Ajay Kumar alias Billi has demanded bribe from Ajay Kumar alias Billi through a person named Deepu resident of Gujjarpura and audio recording of constable Varinder Singh talking with person namely Bunty over phone in this regard is getting viral. The information furnished by secret informer is trustworthy constable Varinder Singh no. 3765/Asr. has demanded bribe from Ajay Kumar alias Billi through a person named Deepu in order to give benefit in the NDPS case registered and by demanding bribe he has committed offence under the purview of section 7, 7-A prevention of Corruption Act 1968 as amended by (Amendment Act) 2018 and 61(2) BNS. The ruqa is written for registration of FIR and sent by hand Gulshanjit Singh no. 694/Asr. to police station. FIR may be registered and its number may be informed. Special reports may be issued Magistrate and senior officials control room may be informed. Myself ACP is busy in investigation. Sd/- Parvesh Chopra Assistant Commissioner of Police South, Amritsar dated 24.02.2025. Today at Chattiwind Chowk, Amritsar 12.50 AM” 3. Contentions: On behalf of the petitioner Learned counsel for the petitioner submits that the petitioner was in judicial custody in connection with another case, FIR No. 13 dated 10.02.2025, registered under Sections 21(b) and 29 of the NDPS Act, wherein 20 grams of MEENU 2025.06.17 18:45 I attest to the accuracy and integrity of this document CRM-M-32306-2025 -3- heroin is alleged to have been recovered from his possession. It is therefore contended that there was no possibility of the petitioner being involved in the present case. His implication appears to be motivated by an ulterior intent to prolong his custody through the present FIR, despite there being no substantive role attributed to him in the alleged offence. On behalf of the State On the other hand, learned State Counsel has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner is behind bars for 2 months and 28 days. Learned State Counsel on instructions from the Investigating Officer opposes the prayer for grant of regular bail stating that the petitioner is involved in other cases. 4. Analysis Considering the fact that the petitioner was already in custody in another case at the relevant time, it cannot, by any stretch of imagination, be inferred that the petitioner committed the alleged offence. The possibility of false implication cannot be ruled out. Furthermore, the investigation has been completed, the challan was presented on 22.04.2025, charges were framed on 16.05.2025, and, out of a total of 16 prosecution witnesses, none has been examined so far This Court is sanguine of the fact that conclusion of trial shall take considerable time, no useful purpose would be served by keeping the petitioner behind bars for uncertain period, wherein “bail is a rule and jail is an exception” and it would also violate the principle of right to speedy trial and expeditious disposal under Article 21 of Constitution of India, as has been time and again discussed by this Court, while relying upon the judgment of the Apex Court passed in Dataram Singh vs. State MEENU 2025.06.17 18:45 I attest to the accuracy and integrity of this document CRM-M-32306-2025 -4- of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131. Relevant paras of the said judgment is reproduced as under:- “2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. 3. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. 4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during investigations when that person perhaps has the best opportunity to tamper with the evidence or influence witnesses. If the investigating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Similarly, it is important to ascertain whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Surely, if an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider whether the accused is a first-time offender or has been accused of other offences and if so, the nature of such offences and his or her general conduct. MEENU 2025.06.17 18:45 I attest to the accuracy and integrity of this document CRM-M-32306-2025 -5- The poverty or the deemed indigent status of an accused is also an extremely important factor and even Parliament has taken notice of it by incorporating an Explanation to section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting section 436A in the Code of Criminal Procedure, 1973. 5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in In Re-Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10 SCC 658 6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609 going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 in which it is observed that it was held way back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that bail is not to be withheld as a punishment. Reference was also made to Emperor v. Hutchinson, AIR 1931 Allahabad 356 wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age-old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days. 7. However, we should not be understood to mean that bail should be granted in every case. The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory.” Therefore, to elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. MEENU 2025.06.17 18:45 I attest to the accuracy and integrity of this document CRM-M-32306-2025 -6- This constitutional right cannot be denied to the accused as is the mandate of the Apex court in “Balwinder Singh versus State of Punjab and Another”, SLP (Crl.) No.8523/2024. Relevant paras of the said judgment reads as under:- “7. An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution. 8. It is not for nothing the Author Oscar Wilde in “The Ballad of Reading Gaol”, wrote the following poignant lines while being incarcerated: “I know not whether Laws be right, Or whether Laws be wrong; All that we know who be in jail Is that the wall is strong; And that each day is like a year, A year whose days are long.” As far as the contention of learned State counsel with regard to the pendency of other cases and involvement of the petitioner in other cases is concerned, reliance can be placed upon the order of this Court rendered in CRM- M-25914-2022 titled as “Baljinder Singh alias Rock vs. State of Punjab” decided on 02.03.2023, wherein, while referring Article 21 of the Constitution of India, this Court has held that no doubt, at the time of granting bail, the criminal antecedents of the petitioner are to be looked into but at the same time it is equally true that the appreciation of evidence during the course of trial has to be looked into with reference to the evidence in that case alone and not with respect to the evidence in the other pending cases. In such eventuality, strict adherence to the rule of denial of bail on account of pendency of other cases/convictions in all probability would lend the petitioner in a situation of denial the concession of bail. MEENU 2025.06.17 18:45 I attest to the accuracy and integrity of this document CRM-M-32306-2025 -7- 5. Relief : In view of the discussions made hereinabove, the petitioner is hereby directed to be released on regular bail on furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. In the afore-said terms, the present petition is hereby allowed. However, it is made clear that anything stated hereinabove shall not be construed as an expression of opinion on the merits of the case. (SANDEEP MOUDGIL) 17.06.2025 JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.06.17 18:45 I attest to the accuracy and integrity of this document