Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 8338 (PNJ)

RANJIT SINGH @ RANJEET SINGH @ GORA v. STATE OF PUNJAB & ANR

CRA-D/1634/2025 · 2026-07-14

Deepak Manchanda, Rajesh Bhardwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRA-D No.1634 of 2025 -1- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) 109 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D No.1634 of 2025 Ranjit Singh @ Ranjeet Singh @ Gora ..... Appellant Versus State of Punjab and another ..... Respondents CRA-D No.171 of 2026 Gurpreet Singh @ Gora ..... Appellant Versus National Investigation Agency ..... Respondent CRA-D No.176 of 2026 (O&M) Gurcharan Singh @ Channa ..... Appellant Versus National Investigation Agency and another ..... Respondents Date of Decision: 14.07.2026 CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ HON’BLE MR. JUSTICE DEEPAK MANCHANDA *** Present: Mr. Gaurav Singla, Advocate for the appellant in CRA-D-1634-2025. Mr. Mitul Singh Rana, Advocate for the appellant in CRA-D-171-2026. Mr. Jaspreet Singh Sran, Advocate for the appellant in CRA-D-176-2026. Mr. Raj Karan Singh, Asstt. A.G., Punjab. RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -2- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) Mr. Sukhdeep Singh Sandhu, Special Prosecutor for National Investigation Agency. *** RAJESH BHARDWAJ, J. CRM-5480-2026 in CRA-D-176-2026 Allowed as prayed for. Main Cases 1. By this order, we dispose of the above mentioned three appeals emanating from the case filed under Section 21(4) of the National Investigation Agency Act, 2008 (for short ‘NIA Act’) bearing RC No.24/2021/NIA/DLI dated 01.10.2021, wherein the applications filed by the appellants praying for the grant of regular bail were dismissed by the learned Special Judge, NIA, Punjab, SAS Nagar (Mohali) vide impugned orders dated 11.11.2025, 29.01.2026 and 05.01.2026, respectively. 2. Succinctly, the facts of the case are that originally the case bearing FIR No.205, dated 16.09.2021, under Sections 3 & 4 of the Explosive Substances Act, 1908, was registered at police station City Jalalabad, District Fazilka. It was alleged that on 15.09.2021, at around 19:57 hours, a Bajaj Platina motorcycle exploded, wherein, the motorcycle rider got seriously injured and two other by-passers also received serious injuries. Later on, the injured/motorcycle rider succumbed to the injuries and he was identified as Binder Singh @ Balwinder Singh @ Bindu. During the preliminary investigation, role of RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -3- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) the Narco-Terror Module having Trans-Border Linkage and International Ramifications was revealed and subsequently, Sections 16, 17, 18 & 20 of of Unlawful Activities (Prevention) Act (for short ‘UA(P) Act’) were invoked by the Punjab Police. In pursuance to the directions of the Government of India, Ministry of Home Affairs, CTCR Division No.11011/61/2021/NIA dated 10.06.2021 issued under the provisions of Sub Section (5) of Section 6 read with Section 8 of the NIA Act, investigation of this case bearing FIR No.205, dated 16.09.2021, registered at Police Station Jalalabad was taken over by the National Investigation Agency (for short ‘NIA’). Resultantly, later on, the NIA re- registered the instant case as RC-24/2021/NIA/DLI dated 01.10.2021, police station NIA, New Delhi, under Sections 3 & 4 of Explosive Substance Act, 1908 and Sections 13, 15, 17, 18, 18B & 20 of the Unlawful Activities (Prevention) Act, 1967. The investigation of the case commenced by the NIA and during the investigation, it was established that Pakistan based Lakhbir Singh @ Rode, a self-styled key leader of KLF (Khalistan Liberation Force) and ISYF (International Sikh Youth Federation) in association with co-accused, namely, Habib Khan @ Doctor @ Mama had formed a terrorist gang and recruited Sukhwinder Singh @ Sukha and Balwinder Singh @ Binder (since deceased) from Ferozepur area to cause tiffin bomb/IED blasts in crowded places in Punjab. Sukhwinder Singh @ Sukha and Balwinder Singh @ Binder received many consignments of heroin, arms and ammunitions from RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -4- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) across the border, which were sent by the Pakistan based drug smuggler, namely, Habib Khan, who was involved in heroin/narcotics smuggling. During the investigation, complicity of all the appellants established and thus, all the appellants along with other co-accused were named in the FIR and resultantly, Ranjit Singh @ Ranjeet Singh @ Gora (appellant in CRA-D-1634-2025) and Gurpreet Singh @ Gora (appellant in CRA-D- 171-2026) were arrested on 17.12.2021. Initially the appellant, namely, Gurcharan Singh @ Channa (in CRA-D-176-2026) could not be arrested and he was declared as proclaimed offender on 28.07.2022 and thereafter, was arrested on 10.09.2022. All the appellants approached the Court of learned Special Judge, NIA, Punjab, SAS Nagar (Mohali) praying for the grant of bail. However, after hearing both the sides and finding no merit in the same, the learned Special Judge, NIA, Punjab, SAS Nagar (Mohali) declined all the bail applications filed by the appellants vide orders dated 11.11.2025, 29.01.2026 and 05.01.2026, respectively. Hence, being aggrieved, the appellants are before this Court by way of filing the present appeals praying for the grant of regular bail. 3. Learned counsel for the appellants have vehemently contended that the appellants have been falsely and frivolously implicated in the present case. They have submitted that neither the appellants are named in the FIR nor any specific role has been attributed to them. They have submitted that during the investigation, the appellants have been implicated in the present case on the basis of disclosure RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -5- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) statement of co-accused. They have submitted that the appellants have been implicated in the present case in a premeditated manner. They have submitted that no offence under the Unlawful Activities (Prevention) Act, 1967 has been made out against the appellants. They have submitted that the prosecution has miserably failed in establishing any link of the appellants with the alleged occurrence, merely the recovery of the mobile phones and some sim cards does not prove the offence against the appellants. They have submitted that the appellants are behind bars from last about 04 years and there is no material progress in the trial. They have submitted that the prosecution has to examine about 150 prosecution witnesses and in view of the law settled, the appellants cannot be allowed to remain behind bars for an unlimited period as the same is the gross violation of their fundamental rights as enshrined under Article 21 of the Constitution of India. They have further submitted that the investigation is complete, challan has been presented and the charges have also been framed and the trial is not likely to complete in the near future. He has relied upon the judgment passed by Hon’ble the Supreme Court in ‘Union of India vs. K. A. Najeeb’, 2021 (2) RCR (Criminal) 145. He has submitted that in the overall facts and circumstances, the appellants deserve to be granted bail. 4. Learned counsel for the respondent-NIA has already filed the respective replies in all the appeals. He, however, has vehemently opposed the submissions made by learned counsel for the appellants. He RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -6- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) has submitted that on 15.09.2021, at around 19:57 hours, an explosion took place on a Bajaj motorcycle in which the tiffin bomb was planted. He has submitted that one of the offenders, namely, Balwinder Singh @ Binder, died while planting the tiffin bomb. He has submitted that initially the case bearing FIR No.205, dated 16.09.2021 was registered and later on when the racket was busted, it was found that the explosion has been carried out by a group of terrorists, whose handlers are based in Pakistan. He has submitted that keeping in view the gravity of the offence, the Union of India has handed over the investigation to the National Investigation Agency (NIA) and further, fresh FIR was registered under Sections 16, 17, 18, 18B, 20, 38, 39 of Unlawful Activities (Prevention) Act. He has submitted that during the investigation, complicity of all the appellants has been duly established and it has been found that the appellant, namely, Ranjit Singh @ Ranjeet Singh @ Gora was part of the network. He has submitted that on 10.09.2021, during a family function at the house of co-accused, namely, Parveen Singh, the appellants, namely, Ranjit Singh @ Ranjeet Singh @ Gora along with Binder Singh @ Balwinder Singh @ Bindu (deceased), Sukhwinder Singh @ Sukha and Gurpreet Singh @ Gora held a separate meeting and discussed about the special task of planting bomb as assigned by the handler/co-accused, namely, Habib @ Doctor @ Mama. The appellant, namely, Ranjit Singh @ Ranjeet Singh @ Gora buried one tiffin bomb/IED, which was sent in the consignment by co-accused, RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -7- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) namely, Habib @ Doctor @ Mama from Pakistan. It was also established that the appellant, namely, Ranjit Singh @ Ranjeet Singh @ Gora provided his CD Deluxe motorcycle to co-accused, namely, Sukhwinder Singh @ Sukha and Binder Singh @ Balwinder Singh @ Bindu on 14.09.2021 for facilitating the recce of the place for the execution of the conspiracy hatched by all of them. He has submitted that for carrying out the same, the appellant, namely, Ranjit Singh @ Ranjeet Singh @ Gora received a terror money of Rs.5000/- on 15.09.2021 for providing his motorcycle for execution of conspiracy. He has further contended that during the investigation, the appellant, namely, Gurcharan Singh @ Channa was also found to be a member of the terrorist gang and a co- conspirator. He has submitted that the appellant, namely, Gurcharan Singh @ Channa was found to be a drug peddler, who used to smuggle heroin in small quantity and later on, he developed connections with many Pakistan based drug peddlers and arms smugglers. He has submitted that the appellant, namely, Gurcharan Singh @ Channa was actively involved in smuggling of narcotics from Pakistan through riverine water/international borders. He used to sell drugs to local drug peddlers. He has submitted that it was established that the appellant, Gurcharan Singh @ Channa provided the logistic as well as financial support to Sukhwinder Singh @ Sukha and Binder Singh @ Balwinder Singh @ Bindu. He has submitted that the appellant, namely, Gurcharan Singh @ Channa is a habitual offender, who is involved in 02 more cases RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -8- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) bearing FIR No.166, dated 24.12.2009, under Section 18 of NDPS Act in which he was convicted and sentenced for 06 years rigorous imprisonment and FIR No.294, dated 23.08.2020 under Sections 21, 23, 29 of NDPS Act wherein he is an undertrial. He has further submitted that the appellant, namely, Gurpreet Singh @ Gora was also found to be a co-conspirator. He has submitted that on 14.09.2021, appellant, namely, Gurpreet Singh @ Gora went to the house of co-accused, namely, Sukhwinder Singh @ Sukha, where co-accused, namely, Balwinder Singh @ Binder Singh @ Bindu was already present and co-accused, namely, Parveen Singh also came there to attend the meeting. All the accused conspired to plant the tiffin bomb at Jalalabad as assigned by the co-accused, namely, Habib @ Doctor @ Mama. After the blast, the appellant, namely, Gurpreet Singh @ Gora assisted the co-accused, namely, Sukhwinder Singh to evade his arrest along with himself and provided safe shelter to him at Chak Jhand Wala, Jalalabad from 16.09.2021 to 17.09.2021. On 17.09.2021, he escaped to Rajasthan. However, Sukhwinder Singh @ Sukha was arrested on 19.09.2021 from Rajasthan but the appellant, namely, Gurpreet Singh @ Gora managed to escape, but he was finally arrested on 17.12.2021. He has submitted that complicity of all three appellants was duly established in the present case during the investigation. He has submitted that the appellants are facing the charges for the offences under Sections 16, 17, 18, 18B, 20 of Unlawful Activities (Prevention) Act. The parameters of the RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -9- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) consideration of bail under the UA(P) Act are entirely different from that of the bail in other Acts. He has submitted that there is a specific power under Section 43(D)(5) of the Unlawful Activities (Prevention) Act. He has submitted that the witnesses are being examined before the learned trial Court without any delay. He has submitted that out of total 208 prosecution witnesses, 18 witnesses have already been examined and the trial would be concluded expeditiously. He has submitted that the appellants have played an active role in carrying out the terrorist activity and there is a strong possibility of the appellants fleeing from the justice and influencing the prosecution witnesses. He has submitted that granting regular bail to the appellants would result in prejudicing the trial. He has relied upon the decision passed by Hon’ble the Supreme Court in ‘Gurwinder Singh vs. State of Punjab and another’, Criminal Appeal No.704 of 2024 @ Special Leave Petition (Criminal) No.10047 of 2023, decided on 07.02.2024 to contend that mere delay in trial pertaining to grave offences cannot be used as a ground to grant bail. He has vehemently contended that there being no merit in all the appeals filed by all the appellants, the same deserve to be dismissed. He has placed on record custody certificate of all the appellants today in the Court, which are taken on record. 5. The Court has heard learned counsel for the parties and perused the record with their able assistance. RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -10- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) 6. It is deciphered that an explosion took place on 15.09.2021, at around 19:57 hours, on a Bajaj Platina motorcycle in which the motorcycle rider got seriously injured and two other by-passers also received serious injuries. The injured/motorcycle rider, later on, succumbed to the injuries and he was identified as Binder Singh @ Balwinder Singh @ Bindu. The Punjab Police had registered the case bearing FIR No.205, dated 16.09.2021 and later on, during the investigation, the Narco-Terror Module having Trans-Border link erupted in the explosion carried out and thus, keeping in view the gravity of the offence, the investigation of this incident was handed over to the National Investigation Agency (NIA). The National Investigation Agency had re- registered the case and commenced with the investigation. During the investigation, it has been found that the explosion, which was carried out by a tiffin bomb, was a result of very well hatched conspiracy, in which the handlers are sitting across the border in Pakistan. One of the co- accused, namely, Habib @ Doctor @ Mama was found and he disclosed that he had recruited various persons to carry out the terrorist activities in the State of Punjab in India. Not only this, he has provided the logistics and financial assistance to all the persons recruited by him. In an exhaustive investigation carried out by the National Investigation Agency (NIA), complicity of all the appellants surfaced. The National Investigation Agency (NIA) arrested the appellants, namely, Ranjit Singh @ Ranjeet Singh @ Gora and Gurpreet Singh @ Gora. So far as RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -11- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) Gurcharan Singh @ Channa is concerned, he evaded his arrested and he was declared as proclaimed offender and later on, National Investigation Agency succeeded in his arrest as well. It was found that the appellant, namely, Ranjit Singh @ Ranjeet Singh @ Gora was part of the network and he buried one tiffin bomb, which was under the consignment of co- accused, namely, Habib @ Doctor @ Mama from Pakistan. He also provided his motorcycle to co-accused, namely, Sukhwinder Singh @ Sukha and Binder Singh @ Balwinder Singh @ Bindu for facilitating the recce of the place of execution of the conspiracy hatched by all of them. He also received a terror money of Rs.5000. It was further found that the appellant, namely, Gurcharan Singh @ Channa was also found to be a member of terrorist gang and a co-conspirator. He was also found to be the drug peddler and he used to smuggle heroin/arms. He also provided logistic and financial support to co-accused, namely, Sukhwinder Singh @ Sukha and Binder Singh @ Balwinder Singh @ Bindu. The appellant, namely, Gurcharan Singh @ Channa is a habitual offender, who is involved in two more cases under the NDPS Act. Drug money, motorcycle and mobile phones of the smugglers based in Pakistan were recovered from him. It was further found that the appellant, namely, Gurpreet Singh @ Gora was found to be the co-conspirator. All the accused conspired to plant the tiffin bomb at Jalalabad as assigned by the co-accused, namely, Habib @ Doctor @ Mama and after the blast, they evaded their arrest, however, both were arrested later on. Complicity of RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -12- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) all the appellants has been duly established in the present case during the investigation. 7. For the consideration of the bail under the Unlawful Activities (Prevention) Act, the most relevant provision is Section 43(D) (5) of the Act, which reads as under: 43D. Modified application of certain provisions of the Code. Xxxxx xxxxx (5) Notwithstanding anything contained in the Code, no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release: Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. Xxxxxx’ 8. Xxxxxx’ 8. Hon’ble the Supreme Court in para No.18 of Gurwinder Singh’s case (supra) has held that ‘The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the oft-quoted phrase - ‘bail is the rule, jail is the exception’ – unless circumstances justify otherwise - does not find any place while dealing with bail applications under UAP Act. The ‘exercise’ of the general power to grant bail under the UAP Act is RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -13- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) severely restrictive in scope. The form of the words used in proviso to Section 43D (5)– ‘shall not be released’ in contrast with the form of the words as found in Section 437(1) CrPC - ‘may be released’ – suggests the intention of the Legislature to make bail, the exception and jail, the rule’. 9. Thus, Hon’ble the Supreme Court, while considering the bail under the Unlawful Activities (Prevention) Act, has held that ‘bail is the rule, jail is the exception’ does not find any place while dealing with bail applications under the UA(P) Act. Thus, the intention of the Legislature under the UA(P) Act makes the bail exception and jail the rule. Though it has been argued by learned counsel for the appellants that the appellants were not named in the FIR and they have been implicated on the basis of disclosure statement of co-accused, however, the material, which has been placed on the record by the learned counsel for the respondent- National Investigation Agency (NIA) by way of reply would show that there is enough material, which would show the prima facie involvement of all three appellants in not only hatching the conspiracy in carrying out the terrorist activity but they have actively participated in the execution of the same. Custody certificates produced would show that the appellant, namely, Ranjit Singh @ Ranjeet Singh @ Gora is also involved in one more case under Sections 212, 216 of IPC; Sections 18, 19 of Unlawful Activities (Prevention) Act and Sections 3, 4 of Explosive Act. It further reflects that the appellant, namely, Gurpreet Singh @ Gora is also involved in 02 more cases, one is under Sections 307, 323, 341, 427, 148, RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document CRA-D No.1634 of 2025 -14- CRA-D No.171 of 2026 CRA-D No.176 of 2026 (O&M) 149 of IPC and another in under Sections 436 IPC and Sections 3, 4 of Explosive Substances Act. So far as the appellant, namely, Gurcharan Singh @ Channa is concerned, he is also involved in 08 other cases. 10. The investigation, as submitted by learned counsel for the respondent-National Investigation Agency (NIA), stands completed. Out of total 208 prosecution witnesses, only 18 witnesses have been examined so far. 11. Keeping in view the overall facts and circumstances of the case on the anvil of the law settled, this Court does not find any merit in the appeals filed. Resultantly, all three appeals are hereby dismissed. Pending applications, if any, also stand dismissed. 12. Nothing said herein shall be treated as an expression of opinion on the merits of the cases. (RAJESH BHARDWAJ) JUDGE (DEEPAK MANCHANDA) 14.07.2026 JUDGE rittu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RITTU 2026.07.24 10:30 I attest to the accuracy and integrity of this document