Sandeep Singh @ Ninder v. State of Punjab

MS. JUSTICE RUPINDERJIT CHAHAL CORAM : HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM : *** Present : Mr. Jasdev Singh Brar, Advocate Mr. Jasdev Singh Brar, Advocate for the petitioner. Mr. Amritpal Singh Gill, DAG, Punjab Mr. Amritpal Singh Gill, DAG, Punjab for the respondent(s)-State. *** RUPINDERJIT CHAHAL, J (ORAL) RUPINDERJIT CHAHAL

#1. under Section 482 of the Prayer in the present petition filed under Section 482 of the Prayer in the present petition filed BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.179, dated 22.09.2025, registered under Sections 115(2), 126(2), 109 of No.179, dated 22.09.2025, registered under Sections 115(2), 126(2), 109 of No.179, dated 22.09.2025, registered under Sections 115(2), 126(2), 109 of No.179, dated 22.09.2025, registered under Sections 115(2), 126(2), 109 of BNS, 2023 and Sections 25 and 27 of the Arms Act, at Police Station BNS, 2023 and Sections 25 and 27 of the Arms Act, at Police Station BNS, 2023 and Sections 25 and 27 of the Arms Act, at Police Station BNS, 2023 and Sections 25 and 27 of the Arms Act, at Police Station Raman, District Bathinda. Raman, Distri

#2. Brief facts as per the prosecution case are that the petitioner Brief facts as per the prosecution case are that the petitioner Brief facts as per the prosecution case are that the petitioner accused, armed with pistol, sword etc. caused injuries on the alongwith co-accused, armed with pistol, sword etc. caused injuries on the accused, armed with pistol, sword etc. caused injuries on the alongwith co person of complainant with an intention to kill him. Hence, the present FIR. person of complainant with an intention to kill him. Hence, the present FIR. person of complainant with an intention to kill him. Hence, the present FIR. person of complainant with an intention to kill him. Hence, the present FIR.

#3. r the petitioner contends that the petitioner is Learned counsel for the petitioner contends that the petitioner is r the petitioner contends that the petitioner is innocent and has been falsely implicated in the present case. He further innocent and has been falsely implicated in the present case. He further innocent and has been falsely implicated in the present case. He further innocent and has been falsely implicated in the present case. He further contends that the petitioner was not present at the spot; the allegations contends that the petitioner was not present at the spot; the allegations contends that the petitioner was not present at the spot; the allegations contends that the petitioner was not present at the spot; the allegations CRM-M-27458 27458-2026 2 he said offence. levelled against him are false and he has no concern with the said offence. levelled against him are false and he has no concern with t levelled against him are false and he has no concern with t Learned counselcontends that the present FIR is counter Learned counsel blast to the FIR contends that the present FIR is counter-blast to the FIR He further contends registered against the complainant by the petitioner side.He further contends registered against the complainant by the petitioner side. registered against the complainant by the petitioner side. that the petitioner has been implicated in this case only because of previous that the petitioner has been implicated in this case only because of previous that the petitioner has been implicated in this case only because of previous that the petitioner has been implicated in this case only because of previous enmity with the complainant. It is further contended that there is nothing on ith the complainant. It is further contended that there is nothing on It is further contended that there is nothing on record to connect the petitioner with the alleged offence. No recovery is to record to connect the petitioner with the alleged offence. No recovery is to record to connect the petitioner with the alleged offence. No recovery is to record to connect the petitioner with the alleged offence. No recovery is to be effected from the petitioner, and his custodial interrogation is not be effected from the petitioner, and his custodial interrogation is not be effected from the petitioner, and his custodial interrogation is not be effected from the petitioner, and his custodial interrogation is not submits that the petitioner is ready and required. Learned counsel also submits that the petitioner is ready and submits that the petitioner is ready and required. Learned counsel also willing to join the investigation as and when called upon to do so by the willing to join the investigation as and when called upon to do so by the willing to join the investigation as and when called upon to do so by the willing to join the investigation as and when called upon to do so by the Investigating Agency and shall fully cooperate with the investigation. On Investigating Agency and shall fully cooperate with the investigation. On Investigating Agency and shall fully cooperate with the investigation. On Investigating Agency and shall fully cooperate with the investigation. On these grounds, it is prayed that the present petition be allowed. these grounds, it is prayed that the present petition be allowed. these grounds, it is prayed that the present petition be allowed.

#4. On the other hand, learned State counsel while referring to the On the other hand, learned State counsel while referring to the On the other hand, learned State counsel while referring to the status report already filed, has opposed the prayer for grant of anticipatory status report already filed, has opposed the prayer for grant of anticipatory status report already filed, has opposed the prayer for grant of anticipatory status report already filed, has opposed the prayer for grant of anticipatory bail by submitting that the allegations levelled against the petitioner are bail by submitting that the allegations levelled against the petitioner are bail by submitting that the allegations levelled against the petitioner are bail by submitting that the allegations levelled against the petitioner are at the petitioner fired twice towards the serious in nature. He contends that the petitioner fired twice towards the at the petitioner fired twice towards the serious in nature. He contends th complainant with an intention to kill him but the bullet got struck on the complainant with an intention to kill him but the bullet got struck on the complainant with an intention to kill him but the bullet got struck on the complainant with an intention to kill him but the bullet got struck on the front glass and conductor side mirror. He further submits that the custodial front glass and conductor side mirror. He further submits that the custodial front glass and conductor side mirror. He further submits that the custodial front glass and conductor side mirror. He further submits that the custodial e offending interrogation of the petitioner is required for recovering the offending interrogation of the petitioner is required for recovering th interrogation of the petitioner is required for recovering th weapon. Thus, he prays that the petitioner does not deserve any concession weapon. Thus, he prays that the petitioner does not deserve any concession weapon. Thus, he prays that the petitioner does not deserve any concession weapon. Thus, he prays that the petitioner does not deserve any concession from this Court. from this Court.

#5. Having heard learned counsel for the parties at length and after Having heard learned counsel for the parties at length and after Having heard learned counsel for the parties at length and after , it is evident that the allegations levelled against the perusing the record, it is evident that the allegations levelled against the , it is evident that the allegations levelled against the perusing the record titioner are serious in nature. The petitioner fired twice towards the petitioner are serious in nature. The petitioner fired twice towards the titioner are serious in nature. The petitioner fired twice towards the titioner are serious in nature. The petitioner fired twice towards the complainant with an intention to kill him. As per the State counsel, the complainant with an intention to kill him. As per the State counsel, the complainant with an intention to kill him. As per the State counsel, the complainant with an intention to kill him. As per the State counsel, the weapon of offence is yet to be recovered, hence there appears prima facie weapon of offence is yet to be recovered, hence there appears prima facie weapon of offence is yet to be recovered, hence there appears prima facie weapon of offence is yet to be recovered, hence there appears prima facie todial interrogation of the petitioner is need of a deeper probe for which custodial interrogation of the petitioner is todial interrogation of the petitioner is need of a deeper probe for which cus CRM-M-27458 27458-2026 3 Court is sanguine of the fact that while considering the required. This Court is sanguine of the fact that while considering the Court is sanguine of the fact that while considering the required. This petition for anticipatory bail, it is required to consider the overall nature of petition for anticipatory bail, it is required to consider the overall nature of petition for anticipatory bail, it is required to consider the overall nature of petition for anticipatory bail, it is required to consider the overall nature of currence, the offence and accusation against the accused, the manner of occurrence, the offence and accusation against the accused, the manner of oc offence and accusation against the accused, the manner of oc arrest protection, gravity of offence and the potential impact of granting pre-arrest protection, gravity of offence and the potential impact of granting pre gravity of offence and the potential impact of granting pre at this stage. Granting anticipatory bail with such allegations, at this at this stage. Granting anticipatory bail with such allegations, at this at this stage. Granting anticipatory bail with such allegations, at this at this stage. Granting anticipatory bail with such allegations, at this preliminary stage, would not be justified as it may affect the course of fair preliminary stage, would not be justified as it may affect the course of fair preliminary stage, would not be justified as it may affect the course of fair preliminary stage, would not be justified as it may affect the course of fair on and undermine and seriousness of the alleged act. Considering investigation and undermine and seriousness of the alleged act. Considering on and undermine and seriousness of the alleged act. Considering investigati the gravity of the allegations, the custodial interrogation of the petitioner is the gravity of the allegations, the custodial interrogation of the petitioner is the gravity of the allegations, the custodial interrogation of the petitioner is the gravity of the allegations, the custodial interrogation of the petitioner is necessary for effective investigation in the matter. necessary for effective investigation in the matter. necessary for effective investigation in the matter.

#6. ing a plea for It is befitting to mention here that while considering a plea for It is befitting to mention here that while consider grant of anticipatory bail, the Court has to equilibrate between safeguarding grant of anticipatory bail, the Court has to equilibrate between safeguarding grant of anticipatory bail, the Court has to equilibrate between safeguarding grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to individual rights and protecting societal interest(s). The Court ought to individual rights and protecting societal interest(s). The Court ought to individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to reckon with the magnitude and nature of the offence; the role attributed to reckon with the magnitude and nature of the offence; the role attributed to reckon with the magnitude and nature of the offence; the role attributed to the need for fair and free investigation as also the deeper and the accused; the need for fair and free investigation as also the deeper and the need for fair and free investigation as also the deeper and the accused; wide impact of such alleged iniquities on the society. It would be apposite wide impact of such alleged iniquities on the society. It would be apposite wide impact of such alleged iniquities on the society. It would be apposite wide impact of such alleged iniquities on the society. It would be apposite ‘State Vs. Anil to refer herein judgment of Hon’ble Supreme Court in ‘State Vs. Anil to refer herein judgment of Hon’ble Supreme Court in to refer herein judgment of Hon’ble Supreme Court in