CRM-M-17162-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 225 CRM-M-17162-2026 Decided on :27.07.2026 Dilawar Singh @ Akash . . . Petitioner(s) Versus State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Dheeraj Kumar, Advocate for the petitioner. Mr. Gurpartap Singh, AAG, Punjab. **** SANJAY VASHISTH , J. (Oral) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking concession of regular bail in case FIR No.24 dated 13.04.2024, under Section 103 erstwhile under Section 302 IPC, 109 erstwhile Section 307 IPC, 3(5) of BNS erstwhile Section 34 IPC (Section 61(2) BNS added later on erstwhile Section 120-B IPC) and under Sections 25/54/59 of Arms Act, registered at Police Station Majtha, Amritsar. 2. In regard to the incident which occurred at about 08:10 p.m. on 13.04.2025, on the statement of complainant-Tajinder Singh, aged about 61 years, the present FIR came to be registered. The contents of the FIR read as under: “I have a petrol pump at Bharat Filling Station, Kler Magat. For work there, I have employed Gautam, Amit, and Arpan. Among them, Gautam Kumar, son of Inder Dev, resident of village Tiwari Pur, Police Station Rajesultanpur, District Ambedkar Nagar, Faizabad, UP, is working as a manager. The other two work in RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-17162-2026(O&M) 2 dispensing fuel at the petrol pump and they close the petrol pump daily around 8:00 PM. Today, as usual, I was going to give the food to the workers of my petrol pump. When I reached outside the petrol pump around 08:10 PM, I saw that the petrol pump was closed and a white-colored car, the number and make of which I could not read, stopped 'on the road. Three young men, wearing. turbans on their heads and with their faces covered with cloths, got out. One of the young men was holding a pistol in his hand. All three went towards the petrol pump office and forcibly opened the office door, saying that this is our petrol pump, we will get our car filled with fuel and then leave. But as my workers did not open the door, they forcibly opened the door, and the youth with the pistol shouted loudly, saying, "Teach them a lesson for not filling our car with fuel." Upon this, the youth with the pistol, with the intention of firing directly, aimed at Gautam Kumar, which hit him on the chest, and he fell on the ground bleeding profusely. My workers closed the door from inside. Then the said unknown youths fired directly from outside the door into the office, which entered through the door and hit Amit on the right side of his jaw. Arpan and I shouted loudly, "Murder, murder." Then the said miscreants fled from the spot in their car along with their weapons. I called my relative Jodh Singh Samra, who came to the spot with his other companions. They arranged for transportation and sent both the injured to Guru Ram Dass Hospital, Amritsar, for treatment. There, the doctors checked Gautam outside the hospital and declared him dead, and Amit was admitted for treatment. Arpan and I were coming to inform you. We met you. I have given my above statement to you. The said three unknown youths have committed a very grave act by shooting and injuring my workers and causing death and injury. I request that the said culprits be searched and legal action be taken against them. The statement has been read and heard by me and is correct. SD/- Tajinder Singh” 3. From a perusal of the allegations contained in the FIR, it emerges that complainant-Tajinder Singh had reached the petrol pump at about 08:00 p.m., where he found that the petrol pump had already been closed. At that time, he noticed that some unidentified assailants had fired upon his Manager-Gautam, and another employee, Amit. After the occurrence, third employee, namely, Arpan, took the deceased and the injured to the hospital for medical treatment. RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-17162-2026(O&M) 3 Subsequently, Gautam succumbed to the firearm injury sustained on his chest, whereas the other victim, namely, Amit, suffered a firearm injury on the right side of his jaw. As per the initial version, three young persons were noticed at the spot, who were wearing turbans on their heads and had covered their faces with cloth. One of them was armed with a pistol. During the course of investigation, three accused persons, namely, Amarbir, Akashdeep and Harpreet, were found to be involved in the alleged incident of murder. Petitioner was also nominated as an accused during the course of investigation with the allegation that he had conducted reconnaissance of the place of occurrence prior to the incident. 4. Learned counsel for the petitioner submits that there is no technical evidence collected during investigation, such as the mobile location of the petitioner or any other CDR details, to establish his presence at or near the place of occurrence either prior to or at the time of the incident. It is, thus, contended that there being no incriminating material connecting the petitioner with the alleged occurrence, and considering that he has been in custody since 21.04.2025, i.e. for a period of last about more than one year, he deserves to be enlarged on bail. 5. On the other hand, learned State counsel submits that during the course of the test identification parade, the main accused were identified. It is further argued that, as per the statements of the witnesses, the petitioner also used to visit the petrol pump and enquire about its RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-17162-2026(O&M) 4 opening and closing timings. Thus, prays for dismissal of present petition. 6. However, there is no specific detail available as to when the petitioner had lastly made such an enquiry. 7. I have heard learned counsel for the parties and perused the allegations levelled against the accused persons. From the allegations recorded against the accused, the involvement of the petitioner, including the allegation that he had visited the petrol pump with an intention to eliminate the employees of the petrol pump, is a matter to be established during the course of trial. Whether or not the petitioner had visited the petrol pump and for what purpose is also a matter requiring investigation and adjudication. However, at this stage, considering the nature of evidence referred to by learned State counsel, this Court is of the view that the same would not warrant any further incarceration of the petitioner. Moreover, out of the total 29 prosecution witnesses, none has been examined till date. Therefore, conclusion of the trial is likely to take a considerable period of time. Accordingly, present petition is allowed. Petitioner is ordered to be released on regular bail, subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if not required in any other case. RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document CRM-M-17162-2026(O&M) 5 8. Any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. Learned trial Court shall proceed to decide the case independently, on the basis of evidence available on record, in accordance with law and as expeditiously as possible. 9. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 27.07.2026 Rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2026.07.28 10:16 I attest to the accuracy and integrity of this document