Manpreet alias Mani v. State of Punjab
Case Details
CRM-M-12518-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-12518-2025 Reserved on: 17.03.2025 Pronounced on: 25.03.2025 Manpreet alias Mani ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Arpan Sabharwal, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab. Mr. Rahul Garg, Advocate for the complainant and victim. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 141 26.11.2023 Nakodar Sadar, 341, 323, 324, 458, 506, 308, District Jalandhar 148, 149 IPC and 201 IPC Rural Punjab added later on 1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 12 of the bail petition, the accused declares that he has no criminal antecedents, however as per custody certificate dated 15.03.2025, the accused has the following criminal antecedents: Sr. No. FIR No. 1 2 3 322 46 75 Offenses Date 13.12.2020 379B(2), 34 IPC 01.04.2021 379-B/149/411 IPC 11.11.2021 379B/34 IPC and Police Station Shahkot Division 5, Jalandhar Kabirpur 59 63 25/54/59 of Arms Act 09.06.2022 457, 380, 511, 34 IPC City Nakodar 09.07.2023 326, 324, 323, 506, 34, 201 IPC Sadar Nakodar The facts and allegations are being taken from translated copy of FIR, which 4 5 3. reads as follows: “Statement of Pardeep Singh son of Gurdev Singh resident of Bal Nou ANJU RANI 2025.03.26 17:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 CRM-M-12518-2025 2 P.S. Sadar Nakodar aged about 24 years Phone No. 99148-74118 has stated that I am the resident of the above mentioned address and I am an agriculturist. On 25.11.2023 at about 09:30/10 PM I was coming to my house from my well and the DJ for the marriage of Manpreet @ Mani son of Karam Singh resident of Bal Nou P.S. Sadar Nakodar was being played in the street and I turned towards my house from the street then a little before my house some of the relatives of Manpreet @ Mani were smoking and were hurling abuses near that place when I reached near them they stopped me and started hurling abuses and as said persons were drunk I went inside my house and after some time Mani armed with danda, son of maternal aunt of Mani armed with baseball, second son of maternal aunt of Mani armed with rod, brother in law (jeeja) of Mani armed with kirpan, second brother in law (jeeja) of Mani armed with dattar, son of maternal uncle of Mani armed with dang and second son of maternal uncle of Mani armed with hathia along with their unidentified relatives, forcibly entered in my house and Mani raised lalkara to catch hold of me and not to spare me then son of maternal uncle of Mani gave a dang blow which hit me on my nose and Mani gave a danda blow on my head with an intention to kill me and the other assailants threw me on the ground and gave me fists and kick blows and in the meanwhile my mother Gurdish Kaur told about the occurrence to Bagicha Singh and Palvinder Singh on the phone and Palvinder Singh came after some time on the spot and tried to save me from them but Mani gave a danda blow to Palvinder Singh which hit him on his head, son of maternal aunt of Mani gave a baseball blow on his forehead, brother in law of Mani gave a transverse kirpan blow on his nose and second brother in law of Mani gave a dattar blow on his lips and we raised alarm of maar ditta maar ditta and on seeing the same Bagicha Singh and other persons approached the spot when the assailants ran away from the spot with their respective weapons. Then Bagicha Singh arranged for a vehicle and took us to the CH Nakodar where the Doctor referred us to Civil Hospital Jalandhar because of us being badly injured where we are undergoing treatment. Appropriate legal action be taken against the said accused persons. This statement is being given in the presence of Palvinder Singh son of Avtar Singh resident of Bal Nou P.S. Sadar Nakodar District Jalandhar. Statement written read over heard and is correct. Sd/- Pradeep Singh, Attested/- Palvinder Singh Sd/-Janak Raj ASI, PS Sadar Nakodar, dated 26.11.2023.” 4. The petitioner's counsel submits that the matter has been compromised between ANJU RANI 2025.03.26 17:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 CRM-M-12518-2025 the parties. He further prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 3 5. 6. The State’s counsel opposes the bail. Counsel for the complainant submitted that he has no objection if bail is granted to the petitioner. REASONING: 7. Matter stands compromise between the parties. Per paragraph 4 of the bail petition, the petitioner has been in custody since 20.12.2024. Per the custody certificate dated 15.03.2025, the petitioner’s total custody in this FIR is 02 months & 23 days. However, there are serious allegations of assault against the petitioner, but considering the fact that matter has been compromised, this Court is not denying the bail. 8. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 9. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner 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. 12. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. ANJU RANI 2025.03.26 17:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 CRM-M-12518-2025 13. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 4 14. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 15. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. (ANOOP CHITKARA) JUDGE 25.03.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: ANJU RANI 2025.03.26 17:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4