Judgment · High Court · 2026

Judgment

#1. 483 of the Present petition has been filed under Section 483 of the Present petition has been filed Bharatiya Nagrik Suraksha Sanhita seeking Bharatiya Nagrik Suraksha Sanhita grant of regular bail to the seeking grant of regular bail to the petitioner in case bearing FIR No.122 dated 18.11.2025 petitioner in case bearing FIR No. , registered for the 122 dated 18.11.2025, registered for the offences punishable under Sections 103, 109, 324(4), 190, 191(3) offences punishable under Section , 351, 61 s 103, 109, 324(4), 190, 191(3), 351, 61 at Police of BNS and Sections 25, 27, 54 and 59 of the Arms Act, 1959 at Police of BNS and Sections 25, 27, 54 and 59 of the Arms Act, 1959 of BNS and Sections 25, 27, 54 and 59 of the Arms Act, 1959 City Banga, District SBS Sagar. Station City Banga, District SBS Sagar.

#2. The prosecution case, as set- , is that -out in the petition in hand, is that on 17.11.2025, the complainant namely on 17.11.2025, the complainant Babbu namely Pawandeep Singh alias Babbu Maan was present at his shop. At about 03:00 PM, Maan was present at his shop namely At about 03:00 PM, his brother namely going towards Harpreet Singh alias Honey Bal along with his associates was going towards Harpreet Singh alias Honey Bal along with his associates was Harpreet Singh alias Honey Bal along with his associates was It has been further alleged by the complainant Phagwara in his Scorpio car. It has been further alleged by the complainant It has been further alleged by the complainant Phagwara in his that his brother Harpreet Singh honey was driving the car and when they that his brother Harpreet Singh honey was driving the car and when they that his brother Harpreet Singh honey was driving the car and when they that his brother Harpreet Singh honey was driving the car and when they reached near Ritha Ram School, some persons reached near travelling in an i- persons who were travelling in an i

20 car allegedly opened fire on his brother and i 20 car allegedly opened on his brother and in an attempt to escape, CRM-M- -13508-2026 2 brother drove the car towards Banga Bus Stand area brother drove the car towards wing to heavy traffic, Banga Bus Stand area. Owing to heavy traffic, thereafter, the car of his brother got struck in traffic jam and the assailants, thereafter the car of his brother got struck in traffic jam and the the car of his brother got struck in traffic jam and the intercepted the vehicle and indiscriminately fired gunshots at its occupants. intercepted the vehicle and indiscriminately fired gunshots at its occupants. intercepted the vehicle and indiscriminately fired gunshots at its occupants. intercepted the vehicle and indiscriminately fired gunshots at its occupants. stained firearm injuries As a consequence of the firing, multiple persons sustained firearm injuries As a consequence of the firing, multiple persons su As a consequence of the firing, multiple persons su and Harpreet Singh alias Honey Bal and two persons i.e., Rimplejit Singh and Harpreet Singh alias Honey Bal and Harpreet Singh alias Honey Bal and two persons i.e., (brother of FIR-complainant) succumbed to the (brother of The FIR was succumbed to their injuries. The FIR was initially registered against Ajay Kumar and certain other accused as the initially registered against Ajay Kumar and certain other accused as the initially registered against Ajay Kumar and certain other accused as the initially registered against Ajay Kumar and certain other accused as the persons who had actively participated in the attack. However, during the persons who had actively participated in the attack. However, d persons who had actively participated in the attack. However, d course of investigation, statements of the complaina course of nt and injured witnesses investigation, statements of the complainant and injured witnesses surfaced that prior to the occurrence there had been were recorded and it has surfaced that prior to the occurrence there had been surfaced that prior to the occurrence there had been were recorded an altercation between Sahil Bholu and the accused side on 15.11.2025. It an altercation between Sahil Bholu and the accused side on 15.11.2025. an altercation between Sahil Bholu and the accused side on 15.11.2025. an altercation between Sahil Bholu and the accused side on 15.11.2025. has further surfaced that on 17.11.2025, accused Ajay Kumar had convened has further surfaced that on 17.11.2025, accused Ajay Kumar had convened has further surfaced that on 17.11.2025, accused Ajay Kumar had convened has further surfaced that on 17.11.2025, accused Ajay Kumar had convened ing alongwith his associates at Kashmiri Dhaba, Mazari, where a a meeting alongwith his associates at Kashmiri Dhaba, Mazari, where a ing alongwith his associates at Kashmiri Dhaba, Mazari, where a ing alongwith his associates at Kashmiri Dhaba, Mazari, where a conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal and Sahil Bholu. As per the prosecution case, the petitioner namely Matluf and Sahil Bholu. As per the prosecution case, the petitioner namely Matluf and Sahil Bholu. As per the prosecution case, the petitioner namely Matluf and Sahil Bholu. As per the prosecution case, the petitioner namely Matluf aid assembly and, along with Khan was one of the person present in the said assembly and, along with Khan was one of the person present in the s Khan was one of the person present in the s accused, was entrusted the task of conducting surveillance upon the other co-accused, was entrusted the task of conducting surveillance upon the accused, was entrusted the task of conducting surveillance upon the accused, was entrusted the task of conducting surveillance upon the movements of the victims and conveying such information to the main movements of the victims and conveying such information to the main movements of the victims and conveying such information to the main movements of the victims and conveying such information to the main accused. On the basis of the statements recorded during investigation, the accused. On the basis of the statements recorded during investigation, the accused. On the basis of the statements recorded during investigation, the accused. On the basis of the statements recorded during investigation, the ner came to be nominated as an accused through DDR No.16 dated petitioner came to be nominated as an accused through DDR No.16 dated ner came to be nominated as an accused through DDR No.16 dated ner came to be nominated as an accused through DDR No.16 dated

27.11.2025. 27.11.2025.

#3. Learned counsel for the petitioner has iterated that the for the petitioner has iterated that the the FIR in question. Learned petitioner has been falsely implicated in the FIR in question. Learned petitioner has been falsely implicated in petitioner has been falsely implicated in was not named in the FIR and counsel has further iterated that the petitioner was not named in the FIR and counsel has further iterated that the petitioner counsel has further iterated that the petitioner has further no overt act has been attributed to him therein. Learned counsel has further no overt act has been attributed to him therein. Learned counsel no overt act has been attributed to him therein. Learned counsel CRM-M- -13508-2026 3 petitioner has been nominated solely on the basis of a contended that the petitioner has been nominated solely on the basis of a petitioner has been nominated solely on the basis of a contended that the renders supplementary statement recorded after a considerable delay which renders supplementary statement recorded after a considerable delay supplementary statement recorded after a considerable delay the prosecution version e prosecution version highly doubtful. It doubtful. It has been further contended that the petitioner is a poor person and does the petitioner is scrap work to earn his livelihood. scrap work to earn his livelihood present at Learned counsel has further asserted that the petitioner was not present at Learned counsel has further asserted that the Learned counsel has further asserted that the the spot of occurrence and no recovery has been effected from him. It has the spot of occurrence and no recovery has been effected from him. the spot of occurrence and no recovery has been effected from him. been further that there is no motive whatsoever for the petitioner further contended that there is no motive whatsoever for the petitioner that there is no motive whatsoever for the petitioner Learned counsel has further submitted that to commit the alleged offence. Learned counsel has further submitted that Learned counsel has further submitted that to commit the alleged offence. the investigation and challan has already been presented investigation has been completed and challan has already been presented and challan has already been presented before the competent Court of jurisdiction before the According to learned counsel, of jurisdiction. According to learned counsel, the petitioner petitioner is stated to be in custody since and has undergone in custody since 30.11.2025 and has undergone the conclusion of trial is incarceration for a substantial period of time. As the conclusion of trial is incarceration for a substantial period of time incarceration for a substantial period of time likely to take a considerable amount of time and, therefore, no useful likely to take a considerable amount of time and, therefore, no useful likely to take a considerable amount of time and, therefore, no useful likely to take a considerable amount of time and, therefore, no useful continued incarceration of the petitioner. purpose would be served from the continued incarceration of the petitioner continued incarceration of the petitioner purpose would be served clean antecedents Learned counsel has emphasized that the petitioner has clean antecedents Learned counsel has emphasized that the Learned counsel has emphasized that the ere is no likelihood of his absconding or tampering with the and there is no likelihood of his absconding or tampering with the ere is no likelihood of his absconding or tampering with the ere is no likelihood of his absconding or tampering with the On the strength of aforesaid submissions, the grant of prosecution evidence. On the strength of aforesaid submissions, the grant of On the strength of aforesaid submissions, the grant of prosecution evidence. petition in hand is entreated for. petition in hand is entreated for.

#4. Per contra, learned State counsel opposed the , learned State counsel has vehemently opposed the grant of bail to the petitioner by arguing that grant of bail offence in question is the petitioner by arguing that the offence in question is ulting in the extremely grave in nature involving a pre-planned attack resulting in the extremely grave in nature involving a pre extremely grave in nature involving a pre death of two persons and firearm injuries to several others. death of two Referring to the and firearm injuries to several others. Referring to the status report dated 25.04.2026 by way of an af status report dated fidavit of Harjit Singh, PPS, by way of an affidavit of Harjit Singh, PPS, Deputy Superintendent of Police, Sub Division Banga, District SBS Nagar, Deputy Superintendent of Police, Sub Division Banga, District SBS Nagar, Deputy Superintendent of Police, Sub Division Banga, District SBS Nagar, Deputy Superintendent of Police, Sub Division Banga, District SBS Nagar, learned State counsel has iterated that during learned State counsel has iterated that investigation the during the course of investigation the CRM-M- -13508-2026 4 role of the petitioner has surfaced through the statements of material role of the petitioner has surfaced through the statements of material role of the petitioner has surfaced through the statements of material role of the petitioner has surfaced through the statements of material nesses, which disclose his involvement in the criminal conspiracy witnesses, which disclose his involvement in the criminal conspiracy nesses, which disclose his involvement in the criminal conspiracy nesses, which disclose his involvement in the criminal conspiracy The relevant part of the allegedly hatched against the complainant party. The relevant part of the allegedly hatched against the complainant party. allegedly hatched against the complainant party. status report reads thus: status report reads thus: “ROLE OF THE PETITIONER: 9. That the deponent humbly submits that the petitioner has been 9. That the deponent humbly submits that the petitioner has specifically named in the supplementary statement of the complainant as specifically named in the supplementary statement of the complainant as specifically named in the supplementary statement of the complainant as well as in the statements of other injured persons, and during the course well as in the statements of other injured persons, and during the course well as in the statements of other injured persons, and during the course of investigation, the petitioner also made a disclosure statement before of investigation, the petitioner also made a disclosure statement before of investigation, the petitioner also made a disclosure statement before further submitted that the petitioner played the investigating officer. It is further submitted that the petitioner played further submitted that the petitioner played an active and significant role in the commission of the offence, inasmuch an active and significant role in the commission of the offence, inasmuch an active and significant role in the commission of the offence, inasmuch accused Ajay Kumar, the present petitioner- accused Ajay Kumar, the present petitioner as, on the asking of co-accused Ajay Kumar, the present petitioner Matluf Khan, along with other members of his group, assembled at Matluf Khan, along with other members of his group, assembled at Matluf Khan, along with other members of his group, assembled at hmiri Dhaba, Mazari, where they hatched a criminal conspiracy to Kashmiri Dhaba, Mazari, where they hatched a criminal conspiracy to hmiri Dhaba, Mazari, where they hatched a criminal conspiracy to quarrel with and attack the brother of the complainant and Sahil @ Bholu quarrel with and attack the brother of the complainant and Sahil @ Bholu quarrel with and attack the brother of the complainant and Sahil @ Bholu and in furtherance of the said conspiracy and pre plan, the petitioner conspiracy and pre-plan, the petitioner nd the persons conducted recce of Harpreet Singh @ Honey Bal and the persons conducted recce of Harpreet Singh @ Honey Bal a accompanying him in a car, and thereafter conveyed the information accompanying him in a car, and thereafter conveyed the information accompanying him in a car, and thereafter conveyed the information regarding their movement and location to the main shooters, who regarding their movement and location to the main shooters, who regarding their movement and location to the main shooters, who subsequently fired upon Harpreet Singh @ Honey Bal and the persons subsequently fired upon Harpreet Singh @ Honey Bal and the persons subsequently fired upon Harpreet Singh @ Honey Bal and the persons upplementary statement of accompanying him. True translated copy of supplementary statement of accompanying him. True translated copy of s the complainant is annexed herewith as Annexure R3/T. the complainant is annexed herewith as Annexure R3/T. ANTECEDENTS OF THE PETITIONER: ANTECEDENTS OF THE PETITIONER:

#10. That the deponent humbly submits from the verification of the record 10. That the deponent humbly submits from the verification of the record 10. That the deponent humbly submits from the verification of the record R No. of the petitioner, it has been revealed that apart from the present FIR No. of the petitioner, it has been revealed that apart from the present FI 122 (supra), the petitioner is also found to be involved in following 122 (supra), the petitioner is also found to be involved in following 122 (supra), the petitioner is also found to be involved in following another criminal case: Sr. No. Detail of the case/FIR Status of the case/FIR Status of the case/FIR

#1. FIR No. 72 dated 22.08.2019, under FIR No. 72 dated 22.08.2019, under Act, PS City Section 18 of NDPS Act, PS City Banga. Convicted

27.01.2022

#11. That the deponent humbly submits that there are specific and grave 11. That the deponent humbly submits that there are specific and grave 11. That the deponent humbly submits that there are specific and grave allegations against the petitioner. The petitioner, in connivance with other allegations against the petitioner. The petitioner, in connivance with other allegations against the petitioner. The petitioner, in connivance with other CRM-M- -13508-2026 5 accused persons, prepared a plan and then facilitated to execute the accused persons, prepared a plan and then facilitated to execute the accused persons, prepared a plan and then facilitated to execute the accused Ajay Kumar. The accused Ajay Kumar criminal plan hatched by accused Ajay Kumar. The accused Ajay Kumar accused Ajay Kumar. The accused Ajay Kumar and other assailants opened fire in a public place, resulting in the death and other assailants opened fire in a public place, resulting in the death and other assailants opened fire in a public place, resulting in the death of two youths. The investigation of the case is still ongoing, the main of two youths. The investigation of the case is still ongoing, the main of two youths. The investigation of the case is still ongoing, the main nce are shooters are yet to be arrested, and the weapons used in the offence are shooters are yet to be arrested, and the weapons used in the offe material/star witnesses yet to be recovered. It is further submitted that the material/star witnesses yet to be recovered. It is further submitted that the of the prosecution are yet to be examined. It is a settled principle of law of the prosecution are yet to be examined. It is a settled principle of law of the prosecution are yet to be examined. It is a settled principle of law that a fair trial requires that the complainant and other witnesses depose that a fair trial requires that the complainant and other witnesses depose that a fair trial requires that the complainant and other witnesses depose ess atmosphere, without any threat or coercion. There in a free and fearless atmosphere, without any threat or coercion. There ess atmosphere, without any threat or coercion. There exists a grave and reasonable apprehension that, in the event of the exists a grave and reasonable apprehension that, in the event of the exists a grave and reasonable apprehension that, in the event of the petitioner being released on bail, he may attempt to overawe or influence petitioner being released on bail, he may attempt to overawe or influence petitioner being released on bail, he may attempt to overawe or influence ith the the complainant and other prosecution witnesses or tamper with the the complainant and other prosecution witnesses or tamper w evidence collected by the investigating agency.” evidence collected by the investigating agency. Raising submission in tandem with the aforesaid reply, learned Raising submission in tandem with the aforesaid reply, learned Raising submission in tandem with the aforesaid reply, learned n view of the seriousness of the offence, State counsel has submitted that in view of the seriousness of the offence, n view of the seriousness of the offence, State counsel has submitted that i petitioner may there is a strong likelihood that if released on bail, the petitioner may there is a strong likelihood that if released on bail, the there is a strong likelihood that if released on bail, the influence or intimidate the prosecution witnesses, who belong to the same influence or intimidate the prosecution witnesses, who belong to the same influence or intimidate the prosecution witnesses, who belong to the same influence or intimidate the prosecution witnesses, who belong to the same In view of the nature of the locality and thereby hamper the trial. In view of the nature of the locality and thereby hamper the trial. locality and thereby hamper the trial. allegations, the gravity of the offence and the stage of trial learned State allegations, the gravity of the offence and the stage of trial learned State allegations, the gravity of the offence and the stage of trial learned State allegations, the gravity of the offence and the stage of trial learned State counsel prays for the dismissal of the instant petition. counsel prays dismissal of the instant petition.

#5. I have heard learned counsel for the rival parties and have I have heard learned counsel for the rival parties and have I have heard learned counsel for the rival parties and have perused the available record. perused the available record.

#6. The grant of bail falls within the discretionary domain of the The grant of bail falls within the discretionary domain of the The grant of bail falls within the discretionary domain of the dicious and ourt; however, such discretion must be exercised in a judicious and ourt; however, such discretion must be exercised in a ju Court; however, such discretion must be exercised in a ju principled manner, ensuring it aligns with established legal precedents and principled manner, ensuring it aligns with established legal precedents and principled manner, ensuring it aligns with established legal precedents and principled manner, ensuring it aligns with established legal precedents and ourt must the interests of justice. While considering a bail application, the Court must the interests of justice. While considering a ba the interests of justice. While considering a ba evidence implicating evaluate factors such as the existence of prima facie evidence implicating evaluate factors such as the existence of evaluate factors such as the existence of the accused, the nature and gravity of the alleged offence and the severity of the accused, the nature and gravity of the alleged offence and the severity of the accused, the nature and gravity of the alleged offence and the severity of the accused, the nature and gravity of the alleged offence and the severity of ourt must also assess the the likely sentence upon conviction. The Court must also assess the the likely sentence upon conviction. The the likely sentence upon conviction. The CRM-M- -13508-2026 6 likelihood of the accused absconding or evading the due process of law, the likelihood of the accused absconding or evading the due process of law, the likelihood of the accused absconding or evading the due process of law, the likelihood of the accused absconding or evading the due process of law, the of the offence being repeated and any reasonable apprehension probability of the offence being repeated and any reasonable apprehension of the offence being repeated and any reasonable apprehension probability the accused the accused the accused the accused tampering with evidence or tampering with evidence or tampering with evidence or tampering with evidence or influencing witnesses. influencing witnesses. influencing witnesses. influencing witnesses. Additionally, the character, antecedents, financial means, societal standing Additionally, the character, antecedents, financial means, societal standing Additionally, the character, antecedents, financial means, societal standing Additionally, the character, antecedents, financial means, societal standing ole. Furthermore, the and overall conduct of the accused play a crucial role. Furthermore, the and overall conduct of the accused play a crucial r and overall conduct of the accused play a crucial r ourt must weigh Court must weigh ourt must weigh ourt must weigh the potential danger of bail undermining the potential danger of bail undermining the potential danger of bail undermining the potential danger of bail undermining A profitable reference administration of justice or thwarting its due course. A profitable reference administration of justice or thwarting its due course. administration of justice or thwarting its due course. in this regard is made to the judgment passed by the Hon’ble Supreme Court in this regard is made to the judgment passed by the Hon’ble Supreme Court in this regard is made to the judgment passed by the Hon’ble Supreme Court in this regard is made to the judgment passed by the Hon’ble Supreme Court titled as State thr State through C.B.I. vs. Amaramani Tripathi , 2005 AIR Supreme ough C.B.I. vs. Amaramani Tripathi, 2005 AIR Supreme relevant whereof reads as under: Court 3490, relevant whereof reads as under: Court 3490,

#14. It is well settled that the matters to be considered in an application It is well settled that the matters to be considered in an application It is well settled that the matters to be considered in an application for bail are (i)whether there is any prima facie or reasonable ground to for bail are (i)whether there is any prima facie or reasonable ground to for bail are (i)whether there is any prima facie or reasonable ground to committed the offence; (ii) nature and gravity of believe that the accused had committed the offence; (ii) nature and gravity of committed the offence; (ii) nature and gravity of punishment in the event of conviction; (iv) the charge; (iii) severity of the punishment in the event of conviction; (iv) punishment in the event of conviction; (iv) released on bail; (v) character, danger of accused absconding or fleeing if released on bail; (v) character, danger of accused absconding or fleeing if tanding of the accused;(vi) likelihood of the behaviour, means, position and standing of the accused;(vi) likelihood of the tanding of the accused;(vi) likelihood of the witnesses being offence being repeated; (vii) reasonable apprehension of the witnesses being offence being repeated; (vii) reasonable apprehension of the tampered with; and (viii) danger, of course, of justice being thwarted by tampered with; and (viii) danger, of course, of justice being thwarted by tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail (see Prahlad Singh Bhati v. NCT, Delhi, 2001( 2) RCR Prahlad Singh Bhati v. NCT, Delhi, 2001(2) RCR Gurcharan Singh v. State (Criminal) 377 (SC) :2001(4) SCC 280 and Gurcharan Singh v. State (Criminal) 377 (SC) :2001(4) SCC 280 ). While a vague (Delhi Administration), AIR 1978 Supreme Court 179). While a vague (Delhi Administration), AIR 1978 Supreme Court 179 witnesses may not allegation that accused may tamper with the evidence or witnesses may not allegation that accused may tamper with the evidence or be a ground to refuse bail, if the accused is of such character that his mere be a ground to refuse bail, if the accused presence at large would intimidate the witnesses or if there is material to presence at large would intimidate the witnesses or if there is material to presence at large would intimidate the witnesses or if there is material to he will use his liberty to subvert justice or tamper with the show that he will use his liberty to subvert justice or tamper with the he will use his liberty to subvert justice or tamper with the refused. We may also refer to the following evidence, then bail will be refused. We may also refer to the following refused. We may also refer to the following Kalyan Chandra principles relating to grant or refusal of bail stated in Kalyan Chandra principles relating to grant or refusal of bail Sarkar v. Rajesh Ranjan, 2004(2) RCR (Criminal) 254 (SC) :2004(7) SCC Sarkar v. Rajesh Ranjan, 2004(2) RCR (Criminal) 254 (SC) :2004(7) SCC Sarkar v. Rajesh Ranjan, 2004(2) RCR (Criminal) 254 (SC) :2004(7) SCC :"The law in regard to grant or refusal of bail is very well settled. The 528 :"The law in regard to grant or refusal of bail is very well settled. The :"The law in regard to grant or refusal of bail is very well settled. The its discretion in a judicious manner and court granting bail should exercise its discretion in a judicious manner and its discretion in a judicious manner and course. Though at the stage of granting bail a detailed not as a matter of course. Though at the stage of granting bail a detailed course. Though at the stage of granting bail a detailed elaborate documentation of the merit of the examination of evidence and elaborate documentation of the merit of the elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders case need not be undertaken, there is a CRM-M- -13508-2026 7 being granted particularly reasons for prima facie concluding why bail was being granted particularly reasons for prima facie concluding why bail was serious offence. Any where the accused is charged of having committed a serious offence. Any where the accused is charged of having committed a application of mind. It is order devoid of such reasons would suffer from non-application of mind. It is order devoid of such reasons would suffer from non urt granting bail to consider among other also necessary for the among other court granting bail to consider circumstances, the following factors also before granting bail; they are: circumstances, the following factors also before granting bail; they are: a. The nature of accusation and the severity of punishment in case of a. The nature of accusation and the severity of punishment in case of a. The nature of accusation and the severity of punishment in case of the nature of supporting evidence. conviction and the nature of supporting evidence. apprehension of tampering with the witness or apprehension b. Reasonable apprehension of tampering with the witness or apprehension apprehension of tampering with the witness or apprehension of threat to the complainant. c. Prima facie satisfaction of the court Ram court in support of the charge. (see Ram Upadhyay v. Sudarshan Singh, 2002(2) RCR (Criminal) 250 (SC) : Govind Upadhyay v. Sudarshan Singh, 2002(2) RCR (Criminal) 250 (SC) : Upadhyay v. Sudarshan Singh, 2002(2) RCR (Criminal) 250 (SC) : ran v. Ram Bilas, 2001(2) RCR (Criminal) 801 2002(3) SCC 598 andPuran v. Ram Bilas, 2001(2) RCR (Criminal) 801 ran v. Ram Bilas, 2001(2) RCR (Criminal) 801 (SC) : 2001(6) SCC 338." Court also in specific terms held that : This Court also in specific terms held that : "the condition laid down under section 437(1)(i) is sine qua non for granting "the condition laid down under section 437(1)(i) is sine qua non for granting "the condition laid down under section 437(1)(i) is sine qua non for granting bail even under section 439 of the Code. In the impugned ord er it is noticed even under section 439 of the Code. In the impugned order it is noticed has given the period of incarceration already undergone that the High Court has given the period of incarceration already undergone has given the period of incarceration already undergone the unlikelihood of trial concluding in the near future as by the accused and the unlikelihood of trial concluding in the near future as the unlikelihood of trial concluding in the near future as enlarge the accused on bail, in spite of the fact that the grounds sufficient to enlarge the accused on bail, in spite of the fact that the enlarge the accused on bail, in spite of the fact that the offences punishable with life imprisonment or accused stands charged of offences punishable with life imprisonment or offences punishable with life imprisonment or even death penalty. In such cases, our opinion, the mere fact that the in our opinion, the mere fact that the incarceration (three years in this accused has undergone certain period of incarceration (three years in this accused has undergone certain period of being enlarged on bail, nor case) by itself would not entitle the accused to being enlarged on bail, nor case) by itself would not entitle the a near future either by the fact that the trial is not likely to be concluded in the near future either by the fact that the trial is not likely to be concluded in the sufficient for itself or coupled with the period of incarceration would be sufficient for itself or coupled with the period of incarceration would be enlarging the appellant on bail when the gravity of the offence alleged enlarging the appellant on bail when the gravity of the offe nce alleged is severe and there are allegations of tampering with the witnesses by the severe and there are allegations of tampering with the witnesses by the severe and there are allegations of tampering with the witnesses by the during the period he was on bail." accused during the period he was on bail." Panchanan Mishra v. Digambar Mishra, 2005(1) Apex Criminal 319 In Panchanan Mishra v. Digambar Mishra, 2005(1) Apex Criminal 319 Panchanan Mishra v. Digambar Mishra, 2005(1) Apex Criminal 319 this Court : 2005(1) RCR(Criminal) 712 (SC) : 2005(3) SCC 143, this Court : 2005(1) RCR(Criminal) 712 (SC) : 2005(3) SCC 143, observed : The object underlying the cancellation of bail is to protect the fair trial “The object underlying the cancellation of bail is to protect the fair trial The object underlying the cancellation of bail is to protect the fair trial justice being done to the society by preventing the accused and secure justice being done to the society by preventing the accused justice being done to the society by preventing the accused the bail order from tampering with the evidence in who is set at liberty by the bail order from tampering with the evidence in the bail order from tampering with the evidence in requires to be stated that once a person is the heinous crime..... It hardly requires to be stated that once a person is requires to be stated that once a person is where the punishment is quite released on bail in serious criminal cases where the punishment is quite released on bail in serious criminal cases away from the stringent and deterrent, the accused in order to get away from the stringent and deterrent, the accused in order to get clutches of the same indulge in various activities like tampering with clutches of the same indulge in various CRM-M- -13508-2026 8 prosecution witnesses, threatening the family members of the deceased prosecution witnesses, threatening the family members of the deceased prosecution witnesses, threatening the family members of the deceased victim and also create problems of law and order situation. and also create problems of law and order situation.”

#7. The factual matrix of the case of the case, as emerging from the FIR and the material collected during the course of investigation the material collected d that the uring the course of investigation, reflects that the occurrence in question is a broad daylight firing incident allegedly executed occurrence in question is a broad daylight firing incident allegedly executed occurrence in question is a broad daylight firing incident allegedly executed occurrence in question is a broad daylight firing incident allegedly executed by a group of armed assailants chased the vehicle of the complainant a group of armed assailants who chased the vehicle of the complainant chased the vehicle of the complainant in the party and opened indiscriminate fire in a public area which resulted in the party and opened indiscriminate fire in a public are party and opened indiscriminate fire in a public are death of two two individuals and serious firearm injuries to others. The nature and serious firearm injuries to others. The nature and manner of the offence, at this stage, reflect a grave and heinous crime. and manner of the offence, at this stage, reflect a grave and heinous crime and manner of the offence, at this stage, reflect a grave and heinous crime and manner of the offence, at this stage, reflect a grave and heinous crime Though the petitioner was not named in the FIR in question but Though the petitioner was not named in the FIR Though the petitioner was not named in the FIR omination cannot be brushed aside at this stage merely on that subsequent nomination cannot be brushed aside at this stage merely on that omination cannot be brushed aside at this stage merely on that subsequent n ground. The material collected during the course of ground. The material collected during investigation indicates the course of investigation indicates that the petitioner after conducting the the petitioner after conducting the recce Harpreet Singh alias Honey recce of Harpreet Singh alias Honey Bal and his associates his associates has passed the information to the main accused which formation to the main accused which facilitated the execution of the attack. Though the petitioner was not present facilitated the execution of the attack. Though the petitioner was not present facilitated the execution of the attack. Though the petitioner was not present facilitated the execution of the attack. Though the petitioner was not present at the spot when the firing took place but at the spot when the firing took place conducted so far but the investigation conducted so far has reflected that the petitioner was a has reflected part of the chain of events that part of the chain of events that ultimately led to the commission of the offence. Whether these allegations ultimately led to the commission of the offence. Whether these allegations ultimately led to the commission of the offence. Whether these allegations ultimately led to the commission of the offence. Whether these allegations are ultimately proved or not is a matter of trial; however, at the stage of are ultimately proved or not is a matter of trial; however, at the stage of are ultimately proved or not is a matter of trial; however, at the stage of are ultimately proved or not is a matter of trial; however, at the stage of consideration of bail, this Court is not required to meticulously exami consideration of bail, ne the this Court is not required to meticulously examine the evidentiary value of such material but only to see whether a prima facie case evidentiary value of such material but only to see whether a evidentiary value of such material but only to see whether a is made out. is made out.

#8. The plea of the petitioner that no recovery has been effected plea of the petitioner that no recovery has been effected from the petitioner also does not persuade this Court from the petitioner The also does not persuade this Court at this stage. The allegations leveled against the petitioner allegations leveled petitioner are grave and specific which clearly indicate his indicate his participation in the commission of the participation in the commission of the crime. T The CRM-M- -13508-2026 9 occurrence in question has resulted in the death of two occurrence s and injuries resulted in the death of two persons and injuries to several others. In the considered opinion of this Co to several others In the considered opinion of this Court, the very magnitude and seriousness of the crime magnitude and seriousness disentitle the petitioner to the of the crime disentitle the petitioner to the The gravity of the offence and the manner in discretionary relief of bail. The gravity of the offence and the manner in The gravity of the offence and the manner in discretionary relief of bail. which it has been committed are relevant considerations while exercising which it has been committed are relevant considerations while exercising which it has been committed are relevant considerations while exercising which it has been committed are relevant considerations while exercising ion 483 of BNSS. In the considered opinion of this discretion under Section 483 of BNSS. In the considered opinion of this ion 483 of BNSS. In the considered opinion of this discretion under Sect Court, at this stage, no accentuating circumstances have been made which at this stage, no accentuating circumstances have been made which no accentuating circumstances have been made which may prima facie constitute a compelling ground for the grant of regular bail prima facie constitute a compelling ground for the grant of regular bail constitute a compelling ground for the grant of regular bail f the allegations and the to the petitioner, especially in light of the gravity of the allegations and the to the petitioner, especially in light of the gravity o to the petitioner, especially in light of the gravity o It is also to be borne in mind that offences of this nature evidence on record. It is also to be borne in mind that offences of this nature It is also to be borne in mind that offences of this nature evidence on record. strike at the very root of public order and societal conscience. Granting bail strike at the very root of public order and societal conscience. Granting bail strike at the very root of public order and societal conscience. Granting bail strike at the very root of public order and societal conscience. Granting bail in such cases would not only undermine the gravity of the offence but may in such cases would not only undermine the gravity of the offence but m in such cases would not only undermine the gravity of the offence but m in such cases would not only undermine the gravity of the offence but m also embolden the accused. Furthermore, also embolden the accused apprehension expressed by the , the apprehension expressed by the State that the petitioner may influence the witnesses, who belong to the State that the petitioner may influence the witnesses, who belong to the State that the petitioner may influence the witnesses, who belong to the State that the petitioner may influence the witnesses, who belong to the The seriousness of the same locality, also cannot be said to be unfounded. The seriousness of the same locality, also cannot be said to be unfounded same locality, also cannot be said to be unfounded offence and the manner in which it is alleged accusations, the nature of the offence and the manner in which it is alleged offence and the manner in which it is alleged accusations, the nature of the to have been committed are relevant considerations while adjudicating a to have been committed are relevant considerations while adjudicating a to have been committed are relevant considerations while adjudicating a to have been committed are relevant considerations while adjudicating a prayer for grant of regular bail. prayer for

#9. nature of allegations, the role attributed to the In view of the nature of allegations, the role attributed to the nature of allegations, the role attributed to the the overall facts and circumstances of the petitioner during investigation and the overall facts and circumstances of the the overall facts and circumstances of the petitioner during investigation and this Court is of the considered opinion that the petitioner is not entitled case, this Court is of the considered opinion that the petitioner is not entitled this Court is of the considered opinion that the petitioner is not entitled this Court is of the considered opinion that the petitioner is not entitled to the concession of regular bail. to the concession of regular bail. In view of the prevenient ratiocination, it is ordained thus: In view of the prevenient ratiocination, it is ordained thus: is devoid of merits and is hereby The present petition is devoid of merits and is hereby is devoid of merits and is hereby

#10. (i) dismissed. dismissed. CRM-M- -13508-2026 10 (ii) Any observations made and/or submissions noted hereinabove Any observations made and/or submissions noted hereinabove Any observations made and/or submissions noted hereinabove the investigating agency shall not have any effect on merits of the case and the investigating agency shall not have any effect on merits of the case and shall not have any effect on merits of the case and as also the trial Court shall proceed further, in accordance with law, as also the without further, in accordance with law, without being influenced with this order. being influenced with this order. (iii) Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE July 09, 202 Ajay 2026 Whether speaking/reasoned: Whether reportable: Yes/No Yes/No