CRM-M-33135-2025(O&M) -1- 252 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33135-2025(O&M) Date of Decision:07.07.2025 Harpreet Singh alias Happy …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Malkiat S. Hundal, Advocate for the petitioner. Mr. Ravneet Singh Joshi, DAG, Punjab. *** N.S.Shekhawat J. (Oral) CRM-24307-2025 1. Learned counsel for the petitioner does not want to press the present application. 2. Dismissed as not pressed. CRM-M-33135-2025 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail in case FIR No.20 dated 10.03.2025 registered under Section 125 of BNS and Section 25 of Arms Act, at Police Station Sultanwind, Amritsar. 2. Learned counsel for the petitioner contends that the FIR in the present case was registered on the basis of the statement made by Kuljit Kaur wife of Manjit Singh and the same has been reproduced below:- “Statement of Mrs. Kuljit Kaur wife of Manjit Singh H. No.J-18/530 Street No. 03 Kot Mit Singh Tarn Taran Road HEMLATA 2025.07.07 23:23 I attest to the accuracy and integrity of this document CRM-M-33135-2025(O&M) -2- ASR, age about 40 years Mobile 6239271516 stated that I am a resident of the above address and I have been living with my family at the above address for the past 16 years. My husband does driving at Corporative Hospital Amritsar. My house is divided into 2 portions, I live on the ground floor and my brother-in-law (deor) Jaswinder Singh and my (darani) Jasbir Kaur are living on the first floor along with their children. On 09-03-2025 at 11/11-15 pm, after having dinner, I was walking on terrace of my house and I saw that in the street passing near our house, there were two young men riding a black Activa, who stand their Activa in the street and fired with a pistol, three of which hit our gate and one hit the glass of our gallery, which broke the glass of the gallery. I have seen this whole incident with my own eyes. The lights were on but I could not identify the youth. Unknown persons have fired at our house, so legal action should be taken against them. Kuljit Kaur Xxxxxxx.” 3. Learned counsel for the petitioner contends that the FIR was initially registered against unknown persons and even the complainant herself admitted in the FIR that she could not identify the assailants even in the light of the street lights. Later on, the supplementary statement of daughter of the complainant was recorded and one Raju Bhaiya was mentioned as an accused in the present case. On the basis of the statement made by Raju, Amritpal Singh and Vishal, were nominated as an accused in the present case. Later on, the petitioner was also involved without any evidence against him. Even as per the case set up by the prosecution, the accused had only fired at the house of the complainant and no one was injured in the present case. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that HEMLATA 2025.07.07 23:23 I attest to the accuracy and integrity of this document CRM-M-33135-2025(O&M) -3- three more cases were ordered to be registered against the petitioner and he does not deserve the concession of bail by this Court. 5. I have heard the learned counsel for the parties and perused the record. 6. In the present case, the petitioner is stated to be in custody for the last more than 03 months. Even though, there are allegations of firing against the accused in the present case, however, no person had suffered any injury in the present case. 7. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, 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 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 HEMLATA 2025.07.07 23:23 I attest to the accuracy and integrity of this document CRM-M-33135-2025(O&M) -4- residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves 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. (N.S.SHEKHAWAT) 07.07.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.07.07 23:23 I attest to the accuracy and integrity of this document