The High Court
Case Details
CRM-M-5947-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5947-2025 Reserved on: 03.02.2025 Pronounced on: 07.02.2025 Gurpreet Singh @ Gopi ...Pe(cid:17)(cid:17)oner Versus State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Arpan Sabharwal, Advocate for the pe(cid:17)(cid:17)oner. Mr. Jasjit Singh, DAG, Punjab. Mr. Rahul Garg, Advocate for respondent No. 2. ANOOP CHITKARA, J. ****
Facts
FIR No. Dated Police Sta0on Sec0ons 76 23.06.2024 Nakodar, City Jalandhar Rural, Punjab District 386, 342, 506, 511, 34 IPC and (Sec(cid:17)on 364-A of IPC added later on) 1. The pe(cid:17)(cid:17)oner apprehending arrest in the FIR cap(cid:17)oned above has come up before this Court under Sec(cid:17)on 482 of Bhara(cid:17)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:17)cipatory bail. 2. In paragraph 16 of the bail pe(cid:17)(cid:17)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:17)ons are being taken from FIR, which reads as follows: “Statement of Bhagwan Singh Purthi son of Sher Singh Pruthi resident of Mohalla Guru Teg Bahadur Nagar Nakodar PS City Nakodar District Jalandhar aged about 72 years phone number 98148-xxxx has stated that I am a resident of the above men,oned address and I am an Ex-Councilor of Nagar Council Nakodar. I am running a shop in the name of Khalsa Dairy in front of Civil Hospital Nakodar. That on 22.06.2024 at about 10:30 AM my son Navjot Singh Pruthi @ Mani told me that he is going to Baba Muradshah Road South Adda for some personal work. Then at about 11:10 AM I got a WhatsApp call from the mobile number of my son 1 JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-5947-2025 Navjot Singh Pruthi @ Mani 98147-xxxxx in my mobile number 98148- xxxx. On which some unknown person was on the other side. Who told me that we have apprehended your son while consuming intoxicant. Come and meet us at Lambra. The ma<er is s,ll with us. We will se<le it here only. Who said that you should come to Malri near Taj City-2 Nakodar along with Rs.50,000/-. Whereby I told my elder son Jaspreet Singh Pruthi and took him along and arranged the money and went to Taj City-2 Colony Nakodar at the place men,oned by them in my car then that person called me again and asked about the money. I told him that I have got the money. Then that person told us to wait there only. I am sending two of my accomplices on a motorcycle. Then a@er some ,me two hindu young men came on a without number motor cycle brand Bajaj Discover from the side of Village Malri. Who stopped at about a distance of 50 meters from our car. Then that person gave a WhatsApp call from my son's mobile number and said that my accomplices have reached near you. You come out of the car and hand over the money to them. We said that we are not going to get out of the car. They should come to the car to collect the money. When we did not get out from the car the young men got suspicious and turned their motor cycle towards the side of Jalandhar and ran away. Then I along with my family kept looking for my son Navjot Singh Pruthi. That about 7 PM they dropped my son at the gate of Village Allowal. My son in a worried state called me on my phone and narrated the en,re incident. I went and brought my son home. Who told me a@er coming home that three boys in a silver Swi@ car bearing no.PB-10-DA-9313 took me from Baba Muradshah Road South Adda Nakodar to Petrol Pump Village Mudh. From there they took me to Jalandhar. I being an Ex-Councilor and a respectable person of the society and due to regularly going to Police Sta,ons and Court I am aware about the good and bad elements of the society. The three boys who had kidnapped my son. Out of them one is Rohit Gill who is with Punjab Home Guard and works at Nakodar Court and my son even told me that they were talking amongst themselves by calling each other Rohit Gill, Gurpreet Gogi and Jacob. My son can recognize them if they are brought in front of him. We were afraid and did not want to inform at the Police Sta,on. But then I gave confidence to my son that they can again do such a thing. They threatened my son that if you inform the police regarding this we will harm you. Appropriate legal ac,on may be taken against the above said persons. This statement is being recorded in the presence of 2 JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-5947-2025 my son Navjot Singh Pruthi. Statement wri<en read over heard and is correct.” 4. Counsel for the pe(cid:17)(cid:17)oner prays bail on the ground that the ma=er has been compromised. He further prays for bail by imposing any stringent condi(cid:17)ons and contends that further pre-trial incarcera(cid:17)on would cause an irreversible injus(cid:17)ce to the pe(cid:17)(cid:17)oner and his family. 5. Counsel for respondent No.2/complainant submits that they would have no objec(cid:17)on if the present pe(cid:17)(cid:17)on is allowed. However, State counsel opposes the bail. 6. Given the nature of allega(cid:17)ons coupled with the fact that par(cid:17)es have compromised the ma=er and that one of the co-accused has been granted bail by this Court vide order dated 20.01.2025 passed in CRM-M-1562-2025, there is no need to call for any status report from the State and this Court would not deny bail, however, it is clarified that this bail order shall neither be considered as a reason to quash the FIR nor shall come as hinderance in the way of the prosecu(cid:17)on or the Court in case, there is viola(cid:17)on of Sec(cid:17)ons 216/217 of BNS 2023 (181/182 IPC earlier). REASONING: 7. Pre-trial incarcera(cid:17)on should not be a replica of post-convic(cid:17)on sentencing. The
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:17)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(cid:17)cipatory bail. An analysis of the above does not jus(cid:17)fy custodial interroga(cid:17)on or pre- trial incarcera(cid:17)on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:17)ons, compromised the ma=er and the other factors peculiar to this case, there would be no jus(cid:17)fiability for custodial interroga(cid:17)on or the pre-trial incarcera(cid:17)on at this stage. 9. Without commen(cid:17)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:17)oned above, the pe(cid:17)(cid:17)oner makes a case for bail. 10. Given above, provided the pe(cid:17)(cid:17)oner is not required in any other case, the pe(cid:17)(cid:17)oner shall be released on an(cid:17)cipatory bail in the FIR cap(cid:17)oned above subject to furnishing bonds to the sa(cid:17)sfac(cid:17)on of the Arres(cid:17)ng Officer, and if the ma=er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:17)ng the surety, the concerned Officer/Court JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-5947-2025 must be sa(cid:17)sfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the pe(cid:17)(cid:17)oner shall men(cid:17)on the following personal iden(cid:17)fica(cid:17)on details: 1. AADHAR number 2. Passport number (If available) and when the a=es(cid:17)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 12. This order is subject to the pe(cid:17)(cid:17)oner’s complying with the following terms. 13. The pe,,oner is 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(cid:17)(cid:17)oner shall be in deemed custody for Sec(cid:17)on 27 of the Indian Evidence Act, 1872/ Sec(cid:17)on 23 of BSA, 2023. The pe(cid:17)(cid:17)oner shall join the inves(cid:17)ga(cid:17)on as and when called by the Inves(cid:17)ga(cid:17)ng Officer or any Superior Officer and shall cooperate with the inves(cid:17)ga(cid:17)on at all further stages as required. In the event of failure to do so, the prosecu(cid:17)on will be open to seeking cancella(cid:17)on of the bail. During the inves(cid:17)ga(cid:17)on, the pe(cid:17)(cid:17)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 14. The pe(cid:17)(cid:17)oner shall abide by all statutory bond condi(cid:17)ons and appear before the concerned Court(s) on all dates. The pe(cid:17)(cid:17)oner 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. 15. In case the Inves(cid:17)gator/Officer-In-Charge of the concerned Police Sta(cid:17)on arraigns another sec(cid:17)on of any penal offense in this FIR, and if the new sec(cid:17)on prescribes a maximum sentence that is not greater than the sec(cid:17)ons men(cid:17)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:17)on(s). However, suppose the newly inserted sec(cid:17)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:17)ons men(cid:17)oned above; then, in that case, the Inves(cid:17)gator/Officer-In-Charge shall give the pe(cid:17)(cid:17)oner no(cid:17)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 16. This bail is condi(cid:17)onal, and the founda(cid:17)onal condi(cid:17)on is that if the pe(cid:17)(cid:17)oner indulges in any non-bailable offense, the State may file an applica(cid:17)on for cancella(cid:17)on of JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-5947-2025 this bail before the Sessions Court, which shall be at liberty to cancel this bail. 17. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:17)ons and shall be competent to do so in accordance with the law. 18. Any observa(cid:17)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. A cer(cid:17)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:17)(cid:17)oner can download this order along with case status from the official web page of this Court and a=est it to be a true copy. If the a=es(cid:17)ng officer wants to verify its authen(cid:17)city, such an officer can also verify its authen(cid:17)city and may download and use the downloaded copy for a=es(cid:17)ng bonds. 20. Pe00on allowed in terms men(cid:17)oned above. All pending applica(cid:17)ons, if any,
Decision
stand disposed of. 07.02.2025 Jyo(cid:17)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. 5