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2025 DAILYLAW 69524 (PNJ)

GURPREET SINGH ALIAS TIDDA v. STATE OF PUNJAB

CRM-M/32243/2025 · 2025-07-01

Mahabir Singh Sindhu

body2025

Judgment text

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CRM-M No. 32243-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 204 (2nd case) CRM-M No. 32243-2025 (O&M) Date of Decision: 01.07.2025 Gurpreet Singh @ Tidda .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. G.S. Virk, Advocate for the petitioner. Mr. Shiva Khurmi, AAG, Punjab assisted by SI-Bahadur Ram. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No.41 dated 13.04.2025, under Sections 109, 351(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Banur, District SAS Nagar (Mohali). 2. Allegations are that petitioner alongwith other co-accused in furtherance of their common intention inflicted several injuries on the person of de facto-complainant-Lovepreet Singh with an attempt to kill him. 3. Contends that petitioner has been falsely implicated in the present case and he is ready to join investigation, but he be protected. Further contends that no offence under Section 109 of the BNS is made out against petitioner as injuries on the person of complainant are not dangerous to life. 4. Per contra, learned State counsel vehemently opposed the prayer while submitting that petitioner gave head injury to the complainant- HARISH KUMAR 2025.07.03 18:49 I attest to the accuracy and integrity of this document CRM-M No. 32243-2025 (O&M) 2 Lovepreet Singh which is grievous in nature and injured is 17 years of age. Apart that, 04 other criminal cases are pending against petitioner and details of the same are as under:- Sr. No. FIR No. and date Sections Police Station 1. 13 dated 14.03.2024 323, 324, 326, 341, 506, 148 read with Section 149 of the Indian Penal Code, 1860 (for short 'IPC') Police Station Banur 2. 29 dated 07.03.2025 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS') Section 29 of NDPS and 111 Bharatiya Nyaya Sanhita (for short ' BNS') added later on Police Station Banur. 3. 41 dated 13.04.2025 109, 117(2), 351(2) read with Section 3(5) of BNS Police Station Banur 4. 07 dated 09.02.2024 323, 341, 506 read with Section 34 IPC Police Station Banur 5. Learned State counsel has produced copy of MLR dated 12.04.2025 of complainant-Lovepreet Singh, which is taken on record as Mark 'X'. Registry to tag the same at appropriate place. Nature of injuries received by complainant as shown in his MLR is as under:- S.No. Injuries Mark ed Injury number 1 A lacerated wound measuring appox 8 cm * 1.5 CM * Bone deep over right occipital region. FBP? H/o LOC as per relatives. C/o shivering. Adv. Surgeon opinion. Yes 1 2. C/o pain right elbow joint. No external injury mark seen. Advise Orthopaedic opinion. Yes 4 3. A small laceration over left leg in its middle. Underlying swelling is present. Advise X ray left leg AP and lateral and orthopaedic opinion. Yes 2 HARISH KUMAR 2025.07.03 18:49 I attest to the accuracy and integrity of this document CRM-M No. 32243-2025 (O&M) 3 S.No. Injuries Marked Injury number 4 Small abrasion over left elbow joint. C/o painful movements at joint. Advise Orthopaedic opinion. Yes 3 6. Heard learned counsel for the parties and perused the paperbook. 7. It transpires that petitioner gave a blow on the vital part of complainant-Lovepreet Singh(minor) with an intention to kill him. Although, final medical opinion in the matter is still awaited; but prima facie, allegations against petitioner are serious in nature and moreover, his credentials are also not clean, being involved in other criminal cases. 8. In view of above, this Court is not inclined to grant pre-arrest bail to the petitioner. 9. Consequently, petition is dismissed. 10. Above observations be not construed as an expression of opinion on merits of the present case, in any manner. Pending application(s), if any shall also stands disposed off. 01.07.2025 (MAHABIR SINGH SINDHU) Harish Kumar JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2025.07.03 18:49 I attest to the accuracy and integrity of this document