CRM-M-50400-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 230 CRM-M-50400-2024 Date of Decision: 13.01.2025 Varinder Singh ...Peoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Robindeep Singh Bhullar, Advocate for the peoner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. DDR No. Dated Police Sta-on Sec-ons 21 05.07.2024 Nihal Singh Wala, Dis-. Moga 323, 324, 34 IPC (Secon 326 IPC added later on vide DDR No.09 dated 04.08.2024) IN FIR No. Dated Police Sta-on Sec-ons 96 04.07.2024 Nihal Singh Wala, Dis-. Moga 323, 341, 506, 148, 149 IPC 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 21 of the bail peon, the accused declares that he has no criminal antecedents. 3. The facts and allegaons are being taken from the status report filed by the State, which reads as follows: “3. That it is respecully submied that the instant maer is a case of version and cross-version wherein, FIR No. 96 dated 04.07.2024 under Sec)ons 323, 341, 506, 148, 149 IPC, P.S Nihal Singh Wala has been registered ini)ally on the statement of complainant/present pe))oner (First party) Varinder Singh son of Sukhmander Singh son of Piara Singh, 1 JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-50400-2024 resident of Khai by name, against four accused persons namely (1) Manjinder Singh son of Gurpiar Singh (2) Lakhwinder Singh son of Chhinder Singh (3) Harman Singh son of Bhushan Singh (4) Sai son of Prithi Singh, all residents of village Khai and 2-3 uniden)fied accused persons. In his statement recorded with the police, complainant/present pe))oner alleged that on 29.06.2024, complainant was going to fields of Manpreet Singh and when he reached bit ahead of Dharmshala to the side of Bus stand at around 9.00 PM, at that )me Manjinder Singh son of Gurpiar Singh armed with iron pipe, Lakhwinder Singh S/o Chhinder Singh armed with baseball and Harnam Singh S/o Bhushan Singh armed with Daang and Shan) S/o Pirthi Singh carrying Daang along with three unknown accused persons came there and surrounded said complainant and then Manjinder Singh raised Lalkara and said the companions to catch the complainant and teach the complainant how to speak with them. Upon this, Lakhwinder Singh inflicted injury on the head of said complainant with baseball and then Harman Singh gave a Daang blow which hit on the right hand of the complainant then Manjinder Singh gave iron pipe blow on the shoulders of the complainant due to which he falls down and while he was laying down, Shan) Singh besides unknown persons gave kicks blows on the legs, back and stomach of the complainant. Upon alarm raised by said complainant, his brother Joginder Singh and other public gathered and all the accused persons escaped from the spot along with their respec)ve weapons. Subsequently, on the statement besides MLR No. KKP/178/Moga/2024 dated 29.06.2024 pertaining to injured/complainant (second party) Manjinder Singh son of Gurpiar Singh, resident of Khai, the cross version of this case was registered vide DDR No.021 dated 05.07.2024 recorded at Police Sta)on Nihal Singh Wala, under Sec)ons 323, 324, 34 IPC (326 IPC added later-on), by name, against three accused persons namely (1) Varinder Singh son of Sukhmander Singh @ Waqil (present pe))oner) (2) Baljinder Singh son of Pargat Singh & (3) Pinka Singh son of Neela Singh, all residents of village Khai. It is alleged by the aforesaid complainant Manjinder Singh (second party) that on 29.06.2024, at about 9:00 P.M; complainant Manjinder Singh along with his colleague namely Lakhwinder Singh was coming to his house, then in the meanwhile, accused Baljinder Singh gave him blow with the s)ck on his for head, accused/pe))oner Varinder Singh gave him injury on the fingers of his right hand with baseball while co-accused Pinka Singh gave kick blows to said 2 JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-50400-2024 complainant Manjinder Singh while he fell down on ground. All the accused had also beaten-up and inflicted injuries to complainant's colleague namely Lakhwinder Singh.” 4. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel opposes bail and refers to the reply. 6. It would be appropriate to refer to the following porons of the reply, which read as follows: “5. (A) The role of the pe))oner: That on 29.06.2024, at about 9:00 P.M; Manjinder Singh along with his colleague namely Lakhwinder Singh was coming to his house, then in the meanwhile, accused Baljinder Singh gave him blow with the s)ck which hit on his head of said complainant whereas, the present pe))oner Varinder Singh gave him injury on the fingers of his right hand with baseball while co-accused Pinka Singh gave kick blows to said complainant Manjinder Singh while he fell down on ground. All the accused had also beaten-up and inflicted injuries to complainant's colleague namely Lakhwinder Singh. (B). The evidence against the pe))oner: That as per the statement recorded by complainant (Second party) Manjinder Singh has specifically named the present pe))oner Varinder Singh in his statement recorded with the police that accused/pe))oner Varinder Singh has inflicted injury on the fingers of his right hand of said complainant with baseball and that the MLR is also available on the record whereby all the injures on the person of said injured have been opined to be inflicted from sharp edged weapon.” 7. It’s a case of version and cross-version, and who was the aggressor is subject ma-er of the trial. 8. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 9. Given the above, the penal provisions invoked coupled with the primafacie 3 JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-50400-2024 analysis of the nature of allegaons and the other factors peculiar to this case, there would be no jusfiability for custodial interrogaon or the pre-trial incarceraon at this stage. 10. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage. 11. Given above, provided the peoner is not required in any other case, the peoner shall be released on bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the Arresng Officer, and if the ma-er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the a-esng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the peoner’s complying with the following terms. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 14. The pe))oner is directed to join the inves)ga)on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves)gator. The peoner shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoner shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoner shall not be subjected to third-degree, indecent 4 JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-50400-2024 language, inhuman treatment, etc. 15. Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner shall not enter the property, workplace, and residence of the vicm unl the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condion to rule out any a-empt by the accused to incapacitate, influence, or cause any discomfort to the vicm. Reference be made to Vikram Singh v Central Bureau of Invesgaon, 2018 All SCR (Crl.) 458); and Aparna Bha- v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. 16. Given the background of allegaons against the peoner, it becomes paramount to protect the vicm, and their family members, as well as the members of society, and incapacitang the accused would be one of the primary opons unl the filing of the closure report or discharge, or acqui-al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restricon is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sancon]. Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner shall surrender all weapons, firearms, and ammunion, if any, along with the arms license to the concerned authority within fiKeen days from release from prison and inform the Invesgator about the compliance. However, subject to the Indian Arms Act, 1959, the peoner shall be entled to renew and take it back in case of acqui-al in this case, provided otherwise permissible in the concerned rules. Restricng firearms would insll confidence in the vicm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeang the offense. 17. The condions menoned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Peon (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail condions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proporonal to the purpose of imposing them. The courts, while imposing bail condions must balance the liberty of the accused and the necessity of a fair trial. While doing so, condions that would result in the deprivaon of rights and liberes must be eschewed.” 18. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon 5 JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-50400-2024 prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoner noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 19. This bail is condional, and the foundaonal condion is that if the peoner indulges in any non-bailable offense, the State may file an applicaon for cancellaon of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 20. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and a-est it to be a true copy. If the a-esng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a-esng bonds. 22. Pe--on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 13.01.2025 Jyo--II Whether speaking/reasoned: Yes Whether reportable: No. 6 JYOTI 2025.01.15 09:33 I attest to the accuracy and integrity of this order/judgment.