IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 145 CRM-M No.28848 of 2026 Date of decision : 14.07.2026 Date of uploading : 14.07.2026 Gurmeet Singh @ Gaggu ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Ranbir Singh Sekhon, Advocate, for the petitioner Mr. Hemant Aggarwal, DAG, Punjab. --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.184 dated 06.10.2025, registered under Sections 103, 3(5), 346 of BNS, 2023 (Section 302, 34, 489 of Indian Penal Code, 1860 respectively), at Police Station Badhni Kalan, District Moga. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- “The statement of Sukhchain Khan s/o Nazar Khan s/o Fateh Deen r/o Ward No.2, Sallo Patti, Badhni Kalan, District Moga stated that I am resident of above mentioned address and doing the labour work. We NAVEEN NAGPAL 2026.07.14 16:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.28848 of 2026 -2- are three brother and 1 sister. My younger brother Lally Khan aged about 40 years who is unmarried. On 04.10.2025, I was present in my house then at about 10:30 am, someone told me that near the dear of Baba Game Shah, three unknown persons came on motorcycle and caused injuries to my brother Lally Khan and threw him near the shop of Ashok. On that me and my brother Raju Khan reached near the shop of Ahoka where my brother Lally Khan was in injured condition who has received injuries on legs and arms. We arranged the vehicle and got admitted our brother Lally khan to Civil Hospital, Moga and after giving him first aid, the doctor referred my brother to Guru Gobind Singh Medical College and Hospital, Faridkot and we got admitted our brother Lally Khan at Guru Gobind Singh Medical College and Hospital, Faridkot, where during the treatment, my brother Lally Khan died on 05.10.2025 at about 06:30 pm. My brother Lally Khan died due to the injuries caused by three unknown persons. therefore, the appropriate legal action may kindly be taken against three unknown persons. The statement has been recorded to you heard and is correct. Sd/- Sukhchain Khan, statement corroborated by Raju Khan, verified by SI Gurtej Singh 160/Moga.” 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 10.10.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel appearing for the petitioner has further urged that the case in hand is not on eye witness account. Learned counsel has further urged that out of 7 prosecution witnesses examined till date, 5 have turned hostile, which include FIR-complainant (Sukhchain Khan) as also another brother of deceased namely PW-Raju Khan. Learned counsel appearing for the petitioner has further argued that trial is not likely to culminate into conviction. He has further urged that the petitioner has suffered incarceration for more than 8 months. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the NAVEEN NAGPAL 2026.07.14 16:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.28848 of 2026 -3- petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 05.07.2026 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 10.10.2025 whereinafter investigation was carried out and challan was prepared on 29.12.2025 and subsequently filed. Total 26 prosecution witnesses have been cited, out of which 7 have been examined till date. It is not in dispute before this Court that FIR-complainant (Sukhchain Khan) and another brother of deceased namely PW-Raju Khan have turned hostile. The rival contention; including the weightage required to be attached to the testimony of the hostile witnesses; shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 05.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 8 months and 20 days & is stated to be involved in one more FIR/case. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this NAVEEN NAGPAL 2026.07.14 16:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.28848 of 2026 -4- regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the NAVEEN NAGPAL 2026.07.14 16:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.28848 of 2026 -5- State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 14.07.2026 Naveen Whether speaking/reasoned: Yes/No Whether reportable: Yes/No NAVEEN NAGPAL 2026.07.14 16:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh