Raj Singh Alias Rajbir Singh and Another v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta,on Sec,ons 43 21.03.2025 Sadar Pa-, District 125, 191(3), 190 of BNS and Tarn Taran sec!ons 25 & 27 of Arms Act (Sec!on 61(2), 217, 227, 228, 229, 231 of BNS added lateron)

¶1The pe!!oners apprehending arrest in the FIR cap!oned above have come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In paragraph 5 of the bail pe!!on, the accused declare that they have no criminal antecedents.

¶3The facts and allega!ons are being taken from the translated copy of FIR annexed with the bail pe!!on as Annexure P-1, which reads as follows: "xxx xxx Statement of Gurwinder Singh son of Chanan Singh resident of Bhai Ladhu aged 37 years, M.No.96534-xxxx. Stated that I am resident of above men'oned address and is an agriculturist. That today on 21-03-2025, we were going to village Bandala to play Kabaddi match. Prior to that, I along with Dharampreet Singh alias Preet son of Bhag Singh, Ajaibir Singh son of Salwinder Singh, Salwinder Singh son of Kashmir Singh residents of Bhai Ladhu while travelling on our Scorpio car were returning to Village Bhai Ladhu a5er picking up paternal aunt's (Bua) son Mangat Singh son order/judgment. 1 of Tasbir Singh resident of Beharwal. At about 04/4:15 PM, when we reached near the bridge of Village Bhai Ladhu Singh, then the persons on two cars were standing by parking their cars ahead, which were comprised of Harpreet Singh son of Salwinder Singh, Gurchet Singh son of Salwinder Singh, Sukhdev Singh alias Kala son of Sarwan Singh, Gurmail Singh son of Gurdial Singh, Raj Singh son of Ginder Singh residents of Bhai Ladhu and 3/4 unknown persons, who were duly armed with rifles, pistols etc., who stopped our car and raised an alarm (Lalkaara) by saying that Dharampreet Singh alias Preet will not be let to play Kabaddi. His hands, feet will be chopped off. They fired 5/7 shots towards our car. We managed to save our life by running over the above said car and the accused persons ran away from the spot. The cause of enmity is that since the 'me of conclusion of Sarpanch elec'ons in our village, the dispute is going on. Take legal ac'on against the above said persons. Statement got recorded, heard, which is correct."

¶4The pe!!oners' counsel prays for bail by imposing any stringent condi!ons and contends that pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oners and their family.

¶5The State's counsel on instruc!ons opposes bail. REASONING:

¶6The present case is of version and cross-version. As per para no. 5 of the bail pe!!on, no injuries have been aBributed. At this stage, it is impossible to find out who is aggressor. However, pe!!oners are first offender, therefore, they should give one chance to reform their lives, as such, they are en!tled to bail.

¶7Pre-trial incarcera!on should not be a replica of post-convic!on sentencing. The evidence might be prima facie sufficient to launch prosecu!on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an!cipatory bail. An analysis of the above does not jus!fy custodial interroga!on or pre-trial incarcera!on.

¶8Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons and the other factors peculiar to this case, version and cross-version case, there would be no jus!fiability for custodial interroga!on or the pre-trial incarcera!on at this stage. Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the order/judgment. 2 pe!!oners make a case for bail.

¶9Given above, provided the pe!!oners are not required in any other case, the pe!!oners shall be released on an!cipatory bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the Arres!ng Officer, and if the maBer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Officer/Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the pe!!oners shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the aBes!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶11This order is subject to the pe!!oners' complying with the following terms.

¶12The pe''oners are directed to join the inves'ga'on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves'gator. The pe!!oners shall be in deemed custody for Sec!on 27 of the Indian Evidence Act, 1872/ Sec!on 23 of BSA, 2023. The pe!!oners shall join the inves!ga!on as and when called by the Inves!ga!ng Officer or any Superior Officer and shall cooperate with the inves!ga!on at all further stages as required. In the event of failure to do so, the prosecu!on will be open to seeking cancella!on of the bail. During the inves!ga!on, the pe!!oners shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶13The pe!!oners shall abide by all statutory bond condi!ons and appear before the concerned Court(s) on all dates. The pe!!oners shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶14In case the Inves!gator/Officer-In-Charge of the concerned Police Sta!on arraigns another sec!on of any penal offense in this FIR, and if the new sec!on prescribes a maximum sentence that is not greater than the sec!ons men!oned above, then this bail order shall be deemed to have also been passed for the newly addedJYOTI order/judgment. 3 sec!on(s). However, suppose the newly inserted sec!ons prescribe a sentence exceeding the maximum sentence prescribed in the sec!ons men!oned above; then, in that case, the Inves!gator/Officer-In-Charge shall give the pe!!oners no!ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶15This bail is condi#onal, and the founda#onal condi#on is that if the pe##oners indulge in any non-bailable offense, the State may file an applica#on for cancella#on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶16Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶17A cer!fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe!!oners can download this order along with case status from the official web page of this Court and aBest it to be a true copy. If the aBes!ng officer wants to verify its authen!city, such an officer can also verify its authen!city and may download and use the downloaded copy for aBes!ng bonds.

¶18Pe,,on allowed in terms men!oned above. All pending applica!ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

02.05.2025 Jyo!-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 02.05.2025 Raj Singh @ Rajbir Singh and another ...Pe!!oners Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ashish Aggarwal, Advocate, for the pe!!oners. Ms. Navreet Kaur Barnala, AAG, Punjab. ****