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2026 DAILYLAW 29393 (PNJ)

DALJIT SINGH CHOUHAN ALIAS HAPPY v. STATE OF PUNJAB

CRM-M/17230/2026 · 2026-07-15

Manisha Batra

body2026

Judgment text

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CRM-M No.17230 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CRM-M No.17230 of 2026 Date of decision: 15.07.2026 Daljit Singh Chouhan alias Happy ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. A.P.S. Chhibber, Advocate, for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 116 18.07.2021 Kartarpur, District Jalandhar Rural 302, 323, 34, 342, 148, 149 and 201 of IPC 2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of statement MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.17230 of 2026 -2- recorded by the complainant Balbir Kaur alleging that her younger son Baljinder Singh was addicted to consumption of intoxicant capsules. To save her son, she had handed over his custody to Sukha Nihang who was operating a de-addiction centre in the outskirts of Village Pattar Kalan. On 08.07.2021, she had given a sum of Rs.10,000/- to Sukha Nihang for the purpose of helping in de-addiction of her son who had asked the complainant to not to visit her son for at least 20 days. On 18.07.2021, the above named Sukha Nihang along with some unknown persons came to her house and informed that her son had died by suffering heart attack in the same morning. She had rushed to the Dera and in the meanwhile, Sukha Nihang and his companions fled away. She noticed multiple injuries on the dead body of her son. By alleging that her son had been killed by Sukha Nihang and his accomplices, she prayed for taking action in the matter. 3. After registration of FIR, investigation proceedings were initiated. During investigation, the complainant recorded a supplementary statement to the effect that the present petitioner along with Parwinder Singh, Ravi Pal, Somraj was having hand in the death of her son. They were nominated as accused. The petitioner could not be apprehended. Proceedings under Section 82 of Cr.P.C. were initiated against him and he was declared a proclaimed offender vide order dated 23.05.2022. He was arrested on 21.08.2025. Investigation qua him now stands concluded. MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.17230 of 2026 -3- 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of supplementary statement of the complainant which is not based on any convincing material. The case rests upon circumstantial evidence and no incriminating material has been collected by the investigating agency to connect him with the commission of subject offences. No specific role has been attributed to him. The co-accused Sukha Nihang and Somraj who faced trial have already been acquitted as neither the complainant nor material witnesses Amandeep Singh, Hardeep Kumar, Lakha Singh and Jaspal Singh have supported the prosecution version. They did not implicate the petitioner and any other accused in commission of subject offences. The trial will take considerable time to conclude. No useful purpose would be served by detaining him in custody any more. His antecedents are clean. He is ready to abide by the terms and conditions to be imposed upon him. It is, thus, argued that he deserves to be released on bail. 5. Per contra, learned State counsel while relying upon the status report has argued that keeping in view the gravity of the allegations coupled with the fact that the petitioner avoided his arrest and was declared a proclaimed offender, he does not deserve to be extended benefit of bail. 6. This Court has considered the rival submissions. MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.17230 of 2026 -4- 7. The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common object thereof, is further alleged to have caused the death of son of the complainant. Annexure P-2 is copy of judgment of acquittal recorded in favour of co-accused Somraj and Baljit Singh @ Sukha Nihang and a perusal of the same reveals that the complainant and other material witnesses did not support the version of the prosecution and did not implicate the aforementioned accused in commission of subject offences. Though the statements recorded by the above named witnesses in the trial of the co-accused cannot be considered to be applicable to the present petitioner against whom trial has separately commenced, however, given the nature of the allegations to the effect that no specific injury or weapon had been attributed to the petitioner. there is no direct evidence to the occurrence and the period spent by the petitioner in custody, this Court is of the considered opinion that the petitioner has made out a case for release on bail. Accordingly, the petition is allowed and the petitioner is ordered to be admitted to bail subject to his furnishing personal bonds as well as surety bonds by two sureties in the like amount each to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned and on the following conditions:- (i) The petitioner shall visit the concerned Police Station on the first Monday of every alternative month during the MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.17230 of 2026 -5- trial of the case. The SHO concerned shall record his presence and in case, the petitioner does not abide by this condition, then he shall intimate the trial Court who shall be at liberty to cancel the bail of the petitioner on this ground alone (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case in any manner whatsoever. (iii) The petitioner shall not leave the country under any circumstance without permission of the learned trial Court. (iv) The petitioner shall appear before each and every date of hearing. (v) The petitioner shall provide his permanent address as well as present address before the learned trial Court at the time of furnishing of bonds and shall not change the same without informing the trial Court. (vi) The petitioner shall also give copy of his Aadhar Card, PAN Card if any and details of his mobile phone number(s) to the learned trial Court at the time of MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.17230 of 2026 -6- furnishing of bonds and in case, any change in his mobile phone number takes place, then he shall inform about the same to the learned trial Court in advance and shall keep his mobile phone switch on all times. (vii) The petitioner shall deposit his passport, if any, with the learned trial Court. 8. In the eventuality of breach of any of the aforementioned conditions, the respondent-State shall be at liberty to move an application seeking cancellation of the bail. 9. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. (MANISHA BATRA) 15.07.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh