CRM-M-47569-2025 -1- 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47569-2025 Date of decision: 16.09.2025 SALMAN ...Petitioner VERSUS STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Mr. Vipin Mahajan, Advocate for the petitioner. Mr. Gorav Kathuria, DAG Punjab. ***** YASHVIR SINGH RATHOR , J. (Oral) 1. This is first petition under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.13, dated 19.01.2025, registered at Police Station Ajnala, District Amritsar, Punjab under Sections 307, 3(5) of BNS, 2023 and Section 25 of Arms Act, 1959. 2. Upon notice, the State counsel has appeared and has opposed the bail. Both the parties have been heard and material collected by the police during investigation has been perused. 3. The present case was registered on the basis of statement given to the police by Kuldeep Singh son of Gurdev Singh with the allegations that he runs a goldsmith shop near Dera Baba Nanak Road, Ajnala in the name of Deepak Jewellery. On 19.01.2025, he asked his employee Ashish to open the shop as some customers shall be coming Priyanka Thakur 2025.09.16 19:22 I attest to the accuracy and integrity of this document CRM-M-47569-2025 -2- and he will reach late at the shop. At about 11.50 AM, he came to the shop and at about 01.00 PM, Angrej Singh son of Udham Singh came to his shop, who gave him six and a half tola gold, which was kept by him on the counter. After about 15-20 minutes, one Creta car stopped outside the shop out of which two persons alighted and entered in the shop with muffled faces. One of them took out a pistol and the second one picked up the gold ornaments measuring six and a half tola given by Angrej Singh, which were lying on the counter. The unknown persons locked him, his employee and Angrej Singh in a small room and then they started searching the shop and they also got opened the safe in which six and a half tola gold and a sum of Rs.50,000/- in cash were lying and they took away the same by pointing a pistol at him. Accused were arrested. Petitioner Salman suffered disclosure statement that he along with co- accused Karanbir Singh had snatched the gold ornaments from the complainant at gunpoint while accused Monu Singh @ Mona was armed with one Kirch. After completion of investigation, challan has been presented for trial. 4. Learned counsel for the petitioner argued that petitioner has been falsely implicated in the present case. Petitioner is in custody since 03.03.2025. The offence in question was committed by unknown persons, who had kept their faces muffled. No test identification parade has been got conducted. Even the physical features, age complexion and weight of the assailants had not been mentioned in the FIR. Petitioner has been implicated in the present case on the basis of disclosure statement suffered by them in another case arising out of FIR No.06 dated Priyanka Thakur 2025.09.16 19:22 I attest to the accuracy and integrity of this document CRM-M-47569-2025 -3- 18.01.2025, Police Station Fatehgarh Churian, District Gurdaspur, Punjab. No recovery has been effected from the petitioner. The challan has already been presented after completion of investigation. The trial is likely to take sufficiently long time to conclude and no useful purpose will thus be served by detaining the petitioner in custody any more and he will be released on bail. 5. On the other hand, learned State counsel has opposed the bail and argued that petitioner has committed a heinous offence. He is involved in other cases of similar nature and he being habitual offender is not entitled to be released on regular bail. 6. The offence in question was committed by unknown persons, who had kept their faces muffled. As such, it will a debatable question during the trial as to whether petitioner had committed the offence in question or not. No recovery has been effected from him. The only evidence against the petitioner at this stage is his own disclosure statement, wherein he has allegedly admitted having committed the offence. Challan has already been presented after completion of investigation. Petitioner is in custody since 03.03.2025. The trial will certainly take a long time to conclude and in these circumstances, further detention of the petitioner is not required and he is entitled to be released on bail. 7. Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, the bail application is allowed and petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Priyanka Thakur 2025.09.16 19:22 I attest to the accuracy and integrity of this document CRM-M-47569-2025 -4- Court/Duty Magistrate concerned, on usual terms and conditions. 8. Pending misc. application(s), if any, shall also stand disposed of. (YASHVIR SINGH RATHOR) 16.09.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No Priyanka Thakur 2025.09.16 19:22 I attest to the accuracy and integrity of this document