CRM-M-37731-2025 1 CRM-M-49587-2025 215+261(2 cases) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CRM-M-37731-2025 Samitar Singh @ Bobby .....Petitioner versus State of Punjab ..... Respondent 2. CRM-M-49587-2025 Bachittar Singh @ Ghugi .....Petitioner versus State of Punjab ..... Respondent Date of decision : 12.09.2025 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Vishal Munjal, Advocate for the petitioner in CRM-M-37731-2025. Mr. Harmanpreet Singh, Advocate for the petitioner in CRM-M-49587-2025. Ms. Simran Goria, A.A.G., Punjab. RAJESH BHARDWAJ , J. (Oral) 1. By way of this common order, this Court intend to dispose of abovesaid two petitions as they have arisen out of the same FIR. 2. Petitioners have approached this Court by way of present petitions praying for granting them regular bail in case FIR No.55 dated 03.08.2024, under Sections 109, 121, 351(2), 132, 221, 191(3), 190 of BNS POOJA SHARMA 2025.09.16 10:31 I attest to the accuracy and integrity of this document CRM-M-37731-2025 2 CRM-M-49587-2025 registered at Police Station Verka, District Amritsar. 3. Succinctly, the facts of the present case are that the present FIR was registered on the statement of Inspector/SHO Amanjot Kaur . It was alleged that on 02.08.2024 at about 10:30/11:00 pm, they got a secret information that 14-15 persons were standing near petrol pump Mudhal Liqour Vend who were carrying datar and other deadly weapons and they were quarrelling with each other. On receiving the secret information, the complainant along with police party reached at the place of occurrence and found commotion there. On raising the questions, the persons started fighting and got enraged and opened attack on the police party. Sukhjit Singh @ Seet @ Fauji armed with datar gave datar blow with an intention to kill her. Sajan also gave a datar blow to him. Amritpal Singh @ Jass gave blows of the iron pulley by swirling it, which he was holding. Other also gave kick and leg blows to the police party. Thereafter, all the persons escaped. Thus, the FIR was registered for taking legal action against the culprits. On registration of FIR, the investigation commenced. During investigation, complicity of the petitioners surfaced and thus they were also arrayed as an accused. Resultantly, petitioner-Samitar Singh @ Bobby arrested on 03.05.2025 and petitioner-Bachittar Singh @ Ghugi arrested on 06.05.2025. Both the petitioners approached the learned Additional Sessions Judge, Amritsar for grant of bail. However, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Amritsar declined their bail applications vide orders dated 24.06.2025 and 15.07.2025, respectively. Hence being aggrieved, petitioners are before this Court praying for the grant of bail by way of filing the present petition. POOJA SHARMA 2025.09.16 10:31 I attest to the accuracy and integrity of this document CRM-M-37731-2025 3 CRM-M-49587-2025 4. Learned counsels for the petitioners have contended that the petitioners have been falsely implicated in the present case. It has been submitted that neither the petitioners are named in the FIR nor they have been alleged any role. It has been submitted that the injuries caused to the complainant have been alleged to the co-accused. They also submit that similarly situated co-accused has been granted anticipatory bail by this Court. It is submitted that petitioners have no criminal antecedents and they are behind bars since the date of their arrest. It is submitted that investigation is complete and charges are also framed. They, thus, submit that in the overall facts and circumstances, the petitioners deserve to be granted bail. 5. Short reply by way of affidavit of Dr. Sheetal Singh, PPS, Assistant Commissioner of Police, East, Amritsar has been filed on behalf of respondent-State, in the Court today, same is taken on record. 6. Learned State counsel, on instructions, has opposed the submissions made by the counsel for the petitioners and submits that both the petitioners were part of the unlawful assembly and they had participated actively in the alleged offence. She submits that the petitioners gave kick and fist blows to the police party. It is also submitted that during this attack by the assailants, there is an amputation of right ear of Inspector Amanjot Kaur. She has produced the custody certificates of the petitioners in the Court. She, on instructions, has submitted that charges have been framed, however, no witness has been examined yet. 7. On hearing counsel for the parties and perusing the record, it is deciphered that occurrence had taken place on 02.08.2024. The injuries as alleged with regard to the amputation of the ear of the complainant are attributed to the co-accused. The petitioners have been alleged to be POOJA SHARMA 2025.09.16 10:31 I attest to the accuracy and integrity of this document CRM-M-37731-2025 4 CRM-M-49587-2025 part of the unlawful assembly and during investigation they found that they gave kick and fist blows. As per custody certificate, petitioners have suffered an incarceration of more than 4 months and they have no criminal antecedents. As submitted before this Court, charges are already framed. 8. The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. 9. This Court would refrain itself from commenting anything on the merits of the case. Thus, keeping in view the overall facts and circumstances of the case, this Court is of the opinion that learned counsel for the petitioners succeed in making out a case for grant of regular bail. Accordingly, both the petitions are allowed. Petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case. ( RAJESH BHARDWAJ ) 12.09.2025 JUDGE ps-I Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.09.16 10:31 I attest to the accuracy and integrity of this document