IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (225) CRM-M-36314-2025 Date of decision: 17.07.2025 Loveleesh Kumar @ Lovelish Kumar ....Petitioner V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Arnav Sood, Advocate for the petitioner. Mr.Jaypreet Singh, DAG, Punjab. ***** SUMEET GOEL, J. (ORAL): 1. Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.0014 dated 27.02.2025 registered for the offences punishable under Sections 109, 132, 221 of BNS, 2023 and Sections 25, 27, 54, 59 of Arms Act, 1959 and Section 111 of BNS, 2023 (added lateron) at Police Station Mahilpur, District Hoshiarpur. SAILESH RANJAN 2025.07.18 12:24 I attest to the accuracy and integrity of this document CRM-M-36314-2025 P a g e | 2 2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:- “Statement of Sub Inspector Chander Mohan No. 753/INT AGTF, Jalandhar Range, Punjab. Mobile No. 81461-77693. It is stated that today I alongwith L.R./Inspector Vikramjit Singh No. 767/INT, SR/CT Varinder Kumar 1098/SBS Nagar, SR/CT Satinder Singh 1079/SBS Nagar, SR/CT Satvir Singh 1064/SBS Nagar, SR/CT Bir Devinder Singh 1671/JAL-R, IA Kuldeep Singh 2382/INT in government vehicles bearing registration no. PB 65 AX 9036 and PB 65 AK 0492 were present in the area of Mahilpur in the search of accused Lovish Kumar @ Lovish son of Ashok Kumar Caste Valmik, Mohalla Clock Tower, PS City, Hoshiarpur in case FIR No. 110 Dated 14.05.2024 U/s 302, 148, 149, 452, 411, registered 120-B IPC A Hoshiarpur. secret at PS Model informer came Town, anc informed me that the aforesaid accused along with his companion Lovelish Kumar son of Surjit Kumar resident of Mahilpur, Hoshiarpur car persons are going to Garhshankar bearing no. PB 10 HU 8453. That Lovish Kumar @ Lovish on the instructions of Lovepreet Singh @ Laadi son of Sher Singh resident of village Bhajlan, PS Garhshankar, District Hoshiarpur is executing crimes in the area. That Lovepreet Singh @ Laadi arranges the stay of aforesaid Lovish Kumar Lovish at the residence of his companions. That the aforesaid passengers of the car might be carrying arms and ammunition in heavy quantity. If checking is conducted at Mahilpur-Garhshankar road then the aforesaid accused along with his other companions can be apprehended. correct, the I Since the information was and went SI informed my team towards the side of Garhshankar in search of car. When the police party reached village Dholon, PS Mahilpur near FCI godown then we saw the aforesaid car on at the road going towards Garhshankar side. The windows of the car were covered from inside with black nets. The police party started following the said car and the driver of the car sped the car towards village Langeri. The police party tried to stop the car by overtaking with govt. vehicle PB 65 AX 9036 at village Langeri SAILESH RANJAN 2025.07.18 12:24 I attest to the accuracy and integrity of this document CRM-M-36314-2025 P a g e | 3 road near FCI godown. The driver of the car stopped the car then in order to run away he reversed the car and hit the other govt. vehicle PB 65 AK 0492 and he tried to run away. Then the police party surrounded the car from all sides and directed all the passengers to alight from the car. Then the driver of the car with an intention to kill tried to run over the car on police party and fired a shot from inside the car. Then I SI in order to save myself and my team fired a shot in the air and then ordered them to alight from the car. But the driver of the started to drive the car and the police party fired at the tyres to stop the car and broke the windows of the car. That the left tyres of the car got burst and the driver sped away from the spot with burst tyres. Then I SI along with my team chased the car but the all the persons fled away after leaving the car at bus stop of Tuto Majari. After village reaching at the spot I SI informed about the incident to senior officers. We searched for the passengers for the car in the area of Tuto Majari and also with the help of the District police officials. That during the operation I SI fired 2 shots from my service pistol 9 мм Glock, SR/CT Varinder Kumar fired 2 shots from his service pistol 9 MM Glock, SR/CT Satvir Singh fired 3 shots from his service pistol 9 MM Glock. That the aforesaid car passengers have tried to run over car on the police officials with an intention to kill and also fired to run from the spot and have stopped the police officials from discharging their duty. Legal action be taken against them. Sd/- Sub Inspector Chander Mohan 753/INT, Scd/- Daljit Singh ASI, Mahilpur 27.02.2025.” 3. Learned counsel for the petitioner submits that the petitioner is in custody since 27.02.2025. Learned counsel has further iterated that the petitioner has been falsely implicated in the FIR in question on the premise that the petitioner has friendly relations with co-accused, Lovish Kumar @ Lovish. Learned counsel further submits that though the case set-up against the petitioner is that he is involved in an incident pertaining to run-over the car on police party and to shot fire, even as per prosecution version, has SAILESH RANJAN 2025.07.18 12:24 I attest to the accuracy and integrity of this document CRM-M-36314-2025 P a g e | 4 neither hit any police personnel nor the police vehicle. Learned counsel for the petitioner has further iterated that the petitioner is a young man of 21 years of age and has no criminal antecedents. Thus, regular bail is prayed for. 4. Counsel for the State has opposed the present petition by arguing that the allegations raised are serious in nature and, thus, the petitioner does not deserve the concession of regular bail. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 27.02.2025 and is in custody since then. Thereafter, investigation was carried out and challan was presented on 26.04.2025. Total 12 prosecution witnesses have been cited but none have been examined till date. The rival contentions of the parties give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the investigation/trial. Nothing tangible has been brought forward to indicate the likelihood of the appellant absconding from the process of justice or interfering with the remaining prosecution evidence. As per the custody certificate dated 16.07.2025 filed by the learned State counsel, the petitioner has suffered incarceration of 4 months and 13 days. Further, as per the said custody certificate the petitioner is stated not to be involved in any other case. Suffice to say, the further detention of the petitioner in custody is not required in the facts and circumstances of the case. SAILESH RANJAN 2025.07.18 12:24 I attest to the accuracy and integrity of this document CRM-M-36314-2025 P a g e | 5 7. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. SAILESH RANJAN 2025.07.18 12:24 I attest to the accuracy and integrity of this document CRM-M-36314-2025 P a g e | 6 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. (SUMEET GOEL) JUDGE July 17, 2025 sailesh Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SAILESH RANJAN 2025.07.18 12:24 I attest to the accuracy and integrity of this document