The High Court
Case Details
CRM-M No.35522 of 2025 -1- 245 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gursewak Singh State of Punjab CRM-M No.35522 of 2025 Date of Decision: 29.10.2025 ..... Petitioner Versus ..... Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ *** Present: Mr. Kushagra Mahajan, Advocate for the petitioner. Mr. Raj Karan Singh, Asstt. A.G., Punjab. *** RAJESH BHARDWAJ, J. (ORAL) 1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.60, dated 20.07.2023, under Section 379-B of IPC, 1860 (Sections 411, 473, 201, 379-B(2) IPC added later on), registered at Police Station Qila Lal Singh, District Gurdaspur. 2. Succinctly the facts of the case are that FIR in the present case has been got registered on the statement of complainant, namely, Mohammad Safed. It was alleged that he was doing the work of steel and aluminum door in Rajouri. On 20.07.2023, he along with his friend, namely, Jahagir Amarbatt going from Amritsar to Rajouri in his car make Brezza bearing registration No.JK-11D-3645 and at about 04:45 A.M., they halted near Zimidara Dhaba to attend the call of nature and in the meanwhile, five persons surrounded them, who were armed with hockeys RITTU 2025.10.30 10:48 I attest to the accuracy and integrity of this document CRM-M No.35522 of 2025 -2- and two of them caused injuries to them with hockeys and took away his car in which some documents of the complainant, Rs.50,000/- cash and other articles were lying and they also took away their mobile phones. Thus the request was made to take legal action against the accused. On registration of the FIR, the investigation commenced. During the investigation, complicity of the petitioner surfaced and thus, the petitioner has been arrayed as an accused in the present case. Resultantly, the petitioner was arrested on 27.09.2023. The petitioner approached the Court of learned Additional Sessions Judge, Gurdaspur praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Gurdaspur declined the bail application filed by the petitioner vide order dated 07.10.2024. Hence being aggrieved, the petitioner is before this Court praying for the grant of bail by way of filing the present petition. 3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the co-accused, namely, Gurprabhjeet Singh @ Prabh and Gurpreet Singh @ Gopi. He has drawn the attention of this Court to the orders dated 08.08.2025 and 13.10.2025 passed in CRM-M-7918-2025 and CRM-M-40023-2025, whereby the co-accused, namely, Gurprabhjeet Singh @ Prabh and Gurpreet Singh @ Gopi have been granted regular bail by this Court. He has submitted that the petitioner is behind bars since 27.09.2023. He has submitted that on the basis of parity, the petitioner deserves to be granted bail as the case of the petitioner is similar to that of the said co-accused, who have already been granted bail by this Court. RITTU 2025.10.30 10:48 I attest to the accuracy and integrity of this document CRM-M No.35522 of 2025 -3- 4. Status report dated 27.10.2025 by way of an affidavit of Vipan Kumar, PPS, Deputy Superintendent of Police, Sub Division, Fatehgarh Churian, Police District Batala on behalf of the respondent- State has been filed by learned State counsel today in the Court and the same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. 5. Learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner. He has produced custody certificate of the petitioner today in the Court and the same is taken on record. He has endorsed the factum of grant of bail to the co- accused of the petitioner as stated above and has not denied that the petitioner is at par with the co-accused, namely, Gurprabhjeet Singh @ Prabh and Gurpreet Singh @ Gopi, who have already been granted bail by this Court vide orders dated 08.08.2025 and 13.10.2025. 6. 7. Heard. On hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since the date of his arrest, i.e. 27.09.2023. Custody certificate of the petitioner would show that the petitioner has suffered incarceration of 02 year and 24 days as on 28.10.2025. It further reflects that the petitioner is involved in 04 other cases, however in 02 of the cases, he is on bail. Co-accused, namely, Gurprabhjeet Singh @ Prabh and Gurpreet Singh @ Gopi are on bail and case of the petitioner as stated above is at par with him. 8. The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. RITTU 2025.10.30 10:48 I attest to the accuracy and integrity of this document CRM-M No.35522 of 2025 -4- 9. This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides and perusing the record, the Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for the grant of bail on parity. 10. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case. However, if the petitioner does not furnish the bail bonds within seven days from today, then his further custody period after one week will not be counted in this case. 29.10.2025 rittu Whether speaking/reasoned Whether reportable : : Yes/No Yes/No (RAJESH BHARDWAJ) JUDGE RITTU 2025.10.30 10:48 I attest to the accuracy and integrity of this document