CRM-M-13966-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 228 CRM-M-13966-2026 (O&M) Date of decision:23.07.2026 Sandeep Kumar ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Hitesh Chopra, Advocate and Mr. Amit Kumar, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. ... Manisha Batra, J. (Oral). 1. The instant petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case arising out of FIR No.129, dated 20.08.2025, registered under Sections 103, 308(4), 3(5), 111(2) and 61(2) of the BNS and Section 25 of the Arms Act, at Police Station Dera Baba Nanak, Tehsil Batala, District Gurdaspur. 2. As per the allegations, on the night of 19.08.2025, victim Ravi Kumar had reached his home after closing his shop in routine manner and when he was present at the gate of his house, some unknown persons reached there on a motorbike and fired gun shot upon him, thereby seriously HARJEET KAUR 2026.07.24 17:25 I attest to the accuracy and integrity of this document CRM-M-13966-2026 (O&M) -2- injuring him. The victim was rushed to the hospital but had succumbed to the injuries. The complainant, who is brother of the deceased, while recording his statement informed that the victim had been receiving extortion calls from some international phone number from sometime and the caller had induced himself as gangster Shamsher Singh. 3. After registration of the FIR, investigation proceedings were initiated. On 06.09.2025, child-in-conflict with law XXX was apprehended. He suffered disclosure statement to the effect that his co-villager Vishal Masih @ Dana had introduced him with a member of gang of Shamsher Singh @ Shera Mann @ Honey, presently residing in Armenia and other members of his gang, who were wanted in several other criminal cases. He had also joined membership of that gang and had started carrying out extortion and target killing along with co-accused Anand Masih @ Vishal Masih. He disclosed that on instructions of gangster Shamsher Singh, Sajan Masih and Vishal Masih, he had fired shot at a property dealer in Tanda on 14.08.2025 and thereafter had handed over the weapon to accused Anand Masih. He further disclosed that as per the instructions of co-accused Shamsher Singh and Sajan, he had withdrawn an amount of Rs.5000/- and had delivered the same to the present petitioner and his wife, who are parents of co-accused Sahil Chati. On the basis of this disclosure statement, the present petitioner and his wife were nominated as accused. The petitioner was arrested on 20.01.2026. He too suffered disclosure statement to the effect that his son Sahil Chati had joined the gang headed by co- accused Shamsher and Sajan, which was engaged in extortion and target killing and his wife and himself had knowingly received an amount of HARJEET KAUR 2026.07.24 17:25 I attest to the accuracy and integrity of this document CRM-M-13966-2026 (O&M) -3- Rs.5000/- sent by the said gangster through a child-in-conflict with law as a reward for the commission of said offence and such amount was utilized by them for household expenses. Investigation qua him stands concluded. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co-accused which cannot be considered to be legally admissible in evidence. He is alleged to be a co-conspirator in the commission of subject crime. However, no material has been collected to prove so. No recovery has been effected from him. He is not required for further investigation. The trial will take considerable time to conclude as no prosecution witness has been examined so far. His further incarceration would not serve any useful purpose. His antecedents are clean. It is, therefore, argued that he deserves to be released on bail. 5. Per contra, learned State counsel has argued that the allegations as levelled against the petitioner are serious in nature as he despite being fully aware that his son was an active member of a criminal gang engaged in extortion and target killings, knowingly received an amount of Rs.5,000/- sent by him through child in conflict with law as consideration for commission of offence of murder of the victim. There are chances of his committing similar offences, if extended benefit of bail. It is, therefore, stressed that the petition does not deserve to be allowed. 6. This Court has heard the rival submissions made by learned counsel for the parties at length. 7. The petitioner, who is admittedly father of co-accused Sahil Chati is alleged to have received an amount of Rs.5000/- sent by him HARJEET KAUR 2026.07.24 17:25 I attest to the accuracy and integrity of this document CRM-M-13966-2026 (O&M) -4- through child-in-conflict with law involved in this case. The role attributed to the petitioner is that of receiving money from the co-accused, while fully knowing the involvement of his son in criminal activities. The linkage sought to be established between him and the commission of subject offences, primarily rests on disclosure statement of the co-accused and circumstantial inferences. Since the case against the petitioner rests on disclosure statement of the co-accused, it is a matter best left for trial whether the burden of proof and standard of evidence shall be applied rigorously. It is only on thorough assessment of the evidence to be produced on record that any definite conclusion about the complicity of the petitioner in commission of subject offences has to be drawn. Taking into consideration the forgoing discussion, particularly the role as ascribed to the petitioner, this Court is of the considered opinion that continued detention of the petitioner would not serve the ends of justice. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal as well as surety bonds to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned and subject to the following conditions:- (i) He shall appear before the learned trial Court on each date of hearing unless exempted. (ii) He shall not tamper with evidence or attempt to influence witnesses in any manner. (iii) He shall not leave the country without prior permission of the Court. 8. It is made clear that any observation made herein above is only HARJEET KAUR 2026.07.24 17:25 I attest to the accuracy and integrity of this document CRM-M-13966-2026 (O&M) -5- for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. (MANISHA BATRA) 23.07.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.07.24 17:25 I attest to the accuracy and integrity of this document