CRM-M-46861-2025 1 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46861-2025 Date of Decision:29.08.2025 Resham Singh @ Gora Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Ms. Pooja Dhingra, Advocate for the petitioner(s). Mr. Raj Karan Singh, A.A.G., Punjab. RAJESH BHARDWAJ , J. (ORAL) 1. Petitioner has approached this Court by way of present petition praying for granting regular bail in case FIR No.32 dated 16.05.2024 under Sections 302/307/323/427/148/149/120-B of IPC, 1860, registered at Police Station Thermal Bathinda, District Bathinda. 2. Succinctly, facts of the case are that the instant FIR was registered on the statement of the complainant Dhira Singh. It was alleged that on 15.05.2024, he sent his son Khushdeep Singh, aged about 17 years, to the grocery shop. Thereafter, he found that Angrej Singh alias Nikka, Gurtej Singh, Shivraj Singh alias Kala, who are his neighbours, were beating his son Khushdeep Singh. He along with his mother Balvir Kaur reached to the spot and tried to save his son. However, the accused along with Gurdeep Kaur came there and started abusing them. He along with his mother Balvir Kaur headed for the police station to report the same to the police but they were followed by POOJA SHARMA 2025.08.29 18:13 I attest to the accuracy and integrity of this document CRM-M-46861-2025 2 accused Angrej Singh alias Nikka, Gurtej Singh, Gurdeep Kaur, Resham Singh alias Gora Singh (present petitioner) and Manjeet Kaur. They were given injuries by the accused and thus, they fell down from the motorcycle and his mother Balvir Kaur also received injuries. When they were lying on the ground, both were run over by a van driven by accused Nirmaan Singh, which resulted in death of his mother. Request was made to take legal action against the accused. On registration of FIR, the investigation commenced. The petitioner was arrested on 17.05.2024. The petitioner approached the Court of learned Additional Sessions Judge, Bathinda praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the same vide order dated 06.08.2025. Hence, the petitioner has approached this Court praying for grant of bail by way of filing the present petition. 3. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. She submits that even otherwise the petitioner has been alleged to be member of the unlawful assembly but no specific allegation has been made against the petitioner. She submits that there is cross case registered vide DDR No.4 dated 17.05.2024 under Sections 323 & 34 of IPC, against the complainant. She submits that the petitioner has no criminal antecedents. She submits that petitioner is behind bars since the date of his arrest but there is no progress in the trial. She submits that co-accused of the petitioner, namely, Gurdeep Kaur, has already been granted bail by this Court vide order dated 16.07.2025 passed in CRM-M- 1541-2025, and thus, case of the petitioner is at par with that of the co-accused. She submits that in view of the facts and circumstances of the case, the petitioner deserves to be granted bail. POOJA SHARMA 2025.08.29 18:13 I attest to the accuracy and integrity of this document CRM-M-46861-2025 3 4. Per contra, learned State counsel has opposed the submissions made by counsel for the petitioner. He submits that the petitioner was the part of unlawful assembly and recovery of a stick has been effected from the petitioner. He, on instructions, submits that investigation is complete, challan has been presented and charges have been framed. He has placed on record the custody certificate of the petitioner and submits that out of total 20 prosecution witnesses, only 01 witness has been examined so far. He has endorsed the fact that co-accused of the petitioner, Gurdeep Kaur, has already been granted bail by this Court. 5. After hearing counsel for the parties and perusing the record, it is deciphered that the petitioner was alleged to be the part of the unlawful assembly. He was arrested in the present case on 17.05.2024. Custody certificate produced would show that the petitioner has suffered incarceration of 01 year 03 months and 09 days as on 29.08.2025. It further reflects that the petitioner has no criminal antecedents. Admittedly, co-accused of the petitioner, namely, Gurdeep Kaur, has been granted bail by this Court. 6. 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. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient long time. Needless to say, that petitioner has fundamental right of speedy trial. Thus, keeping in view the arguments raised by both the sides, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner on parity. 7. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the POOJA SHARMA 2025.08.29 18:13 I attest to the accuracy and integrity of this document CRM-M-46861-2025 4 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) 29.08.2025 JUDGE ps-I Whether speaking/reasoned :Yes/No Whether reportable :Yes/No POOJA SHARMA 2025.08.29 18:13 I attest to the accuracy and integrity of this document