Judgment · High Court · 2026

Judgment

#1. Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre-arrest bail under Section 482 of BNSS, arrest bail under Section 482 of BNSS, seeking grant of anticipatory/pre

2023 in FIR No.281 dated 01.12.2025 registered for offences punishable 2023 in FIR No.281 dated 01.12.2025 registered for offences punishable 2023 in FIR No.281 dated 01.12.2025 registered for offences punishable 2023 in FIR No.281 dated 01.12.2025 registered for offences punishable ns 25, 27 of the Arms under Sections 103, 309, 3(5) of BNS 2023 and Sections 25, 27 of the Arms under Sections 103, 309, 3(5) of BNS 2023 and Sectio under Sections 103, 309, 3(5) of BNS 2023 and Sectio Act at Police Station Sadar Tarn Taran, District Tarn Taran. Act at Police Station Sadar Tarn Taran, District Tarn Taran. Act at Police Station Sadar Tarn Taran, District Tarn Taran.

#2. arises out of a brutal As per the allegations, the instant case arises out of a brutal As per the allegations, the instant case namely incident that occurred on 01.12.2025. As per the complainant namely incident that occurred on 01.12.2025. As per the complainant incident that occurred on 01.12.2025. As per the complainant Sarabjit Kaur, wife of the deceased Daljit Singh, she and her husband were Sarabjit Kaur, wife of the deceased Daljit Singh, she and her husband were Sarabjit Kaur, wife of the deceased Daljit Singh, she and her husband were Sarabjit Kaur, wife of the deceased Daljit Singh, she and her husband were present at their grocery shop situated on the main road in Village Bhullar present at their grocery shop situated on the main road in Village Bhullar present at their grocery shop situated on the main road in Village Bhullar present at their grocery shop situated on the main road in Village Bhullar and were arranging goods in the shop. It has been alleged that at and were arranging goods in the shop. about 1:30 It has been alleged that at about 1:30 p.m., two unknown persons arrived at the shop on a black p.m., two unknown persons arr coloured ived at the shop on a black-coloured motorcycle. Their faces were covered with cloth. The assailants started motorcycle. Their faces were covered with cloth. The assailants started motorcycle. Their faces were covered with cloth. The assailants started motorcycle. Their faces were covered with cloth. The assailants started demanding money from the deceased. When the deceased resisted and demanding money from the deceased. When the deceased resisted and demanding money from the deceased. When the deceased resisted and demanding money from the deceased. When the deceased resisted and entered into a scuffle with them, one of the assailants fired three gunshots at entered into a scuffle with them, one of the assailants fired three gunshots at entered into a scuffle with them, one of the assailants fired three gunshots at entered into a scuffle with them, one of the assailants fired three gunshots at CRM-M- -35261-2026 2 Daljit is chest. As a result of the firearm injuries, the deceased namely Daljit is chest. As a result of the firearm injuries, his chest. As a result of the firearm injuries, Singh fell to the ground bleeding profusely. Before fleeing, the fell to the ground and was bleeding profusely. Before fleeing, the bleeding profusely. Before fleeing, the assailants allegedly took away cash amounting to about ₹10,000/- assailants allegedly took away cash amounting to about assailants allegedly took away cash amounting to about ₹12,000/- - from the cash box of the shop. On hearing the sound of gunshots, from the cash box of the shop. On hearing the sound of gunshots, the neighbour reached the neighbour reached the scene of occurrence and the injured was scene of occurrence and the injured was fted to Guru Nanak Dev Super Speciality Hospital, Tarn immediately shifted to Guru Nanak Dev Super Speciality Hospital, Tarn fted to Guru Nanak Dev Super Speciality Hospital, Tarn immediately . Initially, the FIR was registered where he succumbed to his injuries. Initially, the FIR was registered where he succumbed to his injuries Taran where he succumbed to his injuries against unknown persons. During against un the course of the course of investigation, investigation, complainant made a supplementary statement alleging that she had come to complainant made a supplementary statement alleging that she had come to complainant made a supplementary statement alleging that she had come to complainant made a supplementary statement alleging that she had come to know through one Shamsher Singh that accused know through one Shamsher Singh that Jagroop Singh and Sukhbir accused Jagroop Singh and Sukhbir accused Singh were responsible for the murder of her husband. Thereafter, accused Singh were responsible for the murder of her husband. The Singh were responsible for the murder of her husband. The made a Jagroop Singh was arrested by the investigating agency and he made a Jagroop Singh was arrested by the investigating agency Jagroop Singh was arrested by the investigating agency disclosure statement regarding the involvement of the present petitioner. On disclosure statement regarding the involvement of the present petitioner. On disclosure statement regarding the involvement of the present petitioner. On disclosure statement regarding the involvement of the present petitioner. On investigation, the petitioner the basis of the material collected during the investigation, the petitioner the basis of the material collected during the basis of the material collected during was nominated as an accused in the case. was nominated as

#3. Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated in petitioner to the FIR in is innocent and has been falsely implicated into the FIR in petitioner was not question. Learned counsel has further iterated that the petitioner was not question. Learned counsel has further iterated that the question. Learned counsel has further iterated that the the occurrence was initially attributed to two named in the FIR and the occurrence was initially attributed to two the occurrence was initially attributed to two named in the FIR and unidentified persons whose faces were covered at the time of the incident. It unidentified persons whose faces were covered at the time of the incident. unidentified persons whose faces were covered at the time of the incident. unidentified persons whose faces were covered at the time of the incident. petitioner has been implicated solely on has been further submitted that the petitioner has been implicated solely on petitioner has been implicated solely on has been further submitted that the accused Jagroop the basis of the disclosure statement allegedly made by co-accused Jagroop the basis of the disclosure statement allegedly made the basis of the disclosure statement allegedly made Singh during custody which has limited evidentiary value. Singh during custody limited evidentiary value. Furthermore, n Furthermore, no independent material, recovery, eyewitness account or scientific evidence independent material, recovery, eyewitness account or scientific evidence independent material, recovery, eyewitness account or scientific evidence independent material, recovery, eyewitness account or scientific evidence has been placed on record to establish the involvement of the petitioner has been placed on record to establish the involvement has been placed on record to establish the involvement of the petitioner in CRM-M- -35261-2026 3 the alleged offence. According to learned counsel, the allege the petitioner has been According to learned counsel, the petitioner has been falsely named due to previous personal animosity between him and co- falsely named due to previous personal animosity between him and co falsely named due to previous personal animosity between him and co falsely named due to previous personal animosity between him and co continued to harbour a grudge against the accused Jagroop Singh who continued to harbour a grudge against the continued to harbour a grudge against the accused Jagroop Singh petitioner and with a view of settling personal scores petitioner and with a view settling personal scores, falsely implicated petitioner in the instant case. It has been further contended that the petitioner petitioner It has been further contended that the petitioner that the has no connection whatsoever with the alleged occurrence and that the has no connection whatsoever with the alleged occurrence has no connection whatsoever with the alleged occurrence prosecution story, insofar as it relates to the petitioner, is based solely prosecution story, insofar as it relates to the petitioner, is based prosecution story, insofar as it relates to the petitioner, is based solely on Learned counsel has emphasized that the suspicion and conjectures. Learned counsel has emphasized that the Learned counsel has emphasized that the suspicion and conjectures. has any petitioner is neither alleged to be the person who fired the shots has any petitioner is neither alleged to be the person who fired the shots petitioner is neither alleged to be the person who fired the shots It has been further overt act been specifically attributed to him in the FIR. It has been further overt act been specifically attributed to him in the FIR. overt act been specifically attributed to him in the FIR. contended that the complainant has lodged the contended that the complainan FIR on the basis of a t has lodged the present FIR on the basis of a false and fabricated story while concealing the true and material facts. false and fabricated story while concealing the true and material facts. false and fabricated story while concealing the true and material facts. false and fabricated story while concealing the true and material facts. there is no need for custodial interrogation of the petitioner as Moreover, there is no need for custodial interrogation of the petitioner as there is no need for custodial interrogation of the petitioner as Moreover, rned counsel nothing incriminating remains to be recovered from him. Learned counsel nothing incriminating remains to be recovered from him. Lea nothing incriminating remains to be recovered from him. Lea has further asserted that the petitioner is willing to join investigation as and has further asserted that the petitioner is willing to join investigation as and has further asserted that the petitioner is willing to join investigation as and has further asserted that the petitioner is willing to join investigation as and when required; shall not tamper with the when require evidence or influence any witness the evidence or influence any witness abide by all the conditions imposed in case he is enlarged on and shall also abide by all the conditions imposed in case he is enlarged on abide by all the conditions imposed in case he is enlarged on and shall pre-arrest bail. On strength of these submissions, the grant of anticipatory arrest bail. On strength of these submissions, the grant of anticipatory bail. On strength of these submissions, the grant of anticipatory bail is entreated for. bail is entreated for.

#4. , learned State counsel (on the strength of advance Per contra, learned State counsel (on the strength of advance , learned State counsel (on the strength of advance notice) has opposed the grant of anticipatory bail to the petitioner by has opposed the grant of anticipatory bail to the petitioner by opposed the grant of anticipatory bail to the petitioner by against the petitioner pertain to a heinous arguing that the allegations raised against the petitioner pertain to a heinous against the petitioner pertain to a heinous arguing that the and premeditated offence involving armed robbery and the murder of an and premeditated offence involving armed robbery and the murder of an and premeditated offence involving armed robbery and the murder of an and premeditated offence involving armed robbery and the murder of an innocent person person. According to learned State counsel, although the FIR was According to learned State counsel, although the FIR was ement of the initially registered against unknown persons but the involvement of the initially registered against unknown persons initially registered against unknown persons CRM-M- -35261-2026 4 surfaced during the course of investigation. The investigation petitioner has surfaced during the course of investigation. The investigation surfaced during the course of investigation. The investigation petitioner has conducted so far has revealed the active participation of the petitioner in the conducted so far has revealed the active participation of the petitioner in the conducted so far has revealed the active participation of the petitioner in the conducted so far has revealed the active participation of the petitioner in the Learned State counsel has emphasized that the commission of the offence. Learned State counsel has emphasized that the Learned State counsel has emphasized that the commission of the offence. implicated in a mechanical manner but was petitioner has not been implicated in a mechanical manner but was implicated in a mechanical manner but was petitioner nominated after the investigating agency collected material connecting him nominated after the investigating agency collected material connecting him nominated after the investigating agency collected material connecting him nominated after the investigating agency collected material connecting him with the crime. It has been contended that the with the crime. investigation has disclosed a It has been contended that the investigation has disclosed a s, who acted in concerted action on the part of the accused persons, who acted in concerted action on the part of the accused person concerted action on the part of the accused person furtherance of their common intention to commit robbery and, in the course furtherance of their common intention to commit robbery and, in the course furtherance of their common intention to commit robbery and, in the course furtherance of their common intention to commit robbery and, in the course role attributed to thereof, caused the murder of the deceased. Moreover, the role attributed to thereof, caused the murder of the deceased. thereof, caused the murder of the deceased. the petitioner is an integral part of the larger conspiracy and, therefore, his the petitioner is an integral part of the larger conspiracy and, therefore, his the petitioner is an integral part of the larger conspiracy and, therefore, his the petitioner is an integral part of the larger conspiracy and, therefore, his l interrogation is indispensable for unearthing the complete chain of custodial interrogation is indispensable for unearthing the complete chain of l interrogation is indispensable for unearthing the complete chain of l interrogation is indispensable for unearthing the complete chain of counsel has events leading to the commission of the crime. Learned State counsel has events leading to the commission of the crime. events leading to the commission of the crime. arrest bail, that in case the petitioner is granted the concession of pre-arrest bail, that in case the petitioner is granted the concession of pre prayed that in case the petitioner is granted the concession of pre at this stage, it may impede the ongoing investigation at this stage, it may impede the obstruct recovery. ongoing investigation and obstruct recovery. instant Accordingly, a prayer has been made for the dismissal of the instant Accordingly, a prayer has been made for the Accordingly, a prayer has been made for the petition.

#5. and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.

#6. ase put forth in the FIR in question, indubitably, As per the case put forth in the FIR in question, indubitably, ase put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations contained in the FIR cannot be brushed aside as vague or baseless as the contained in the FIR cannot be brushed aside as vague or baseless as the contained in the FIR cannot be brushed aside as vague or baseless as the contained in the FIR cannot be brushed aside as vague or baseless as the record reflects that reflects that the role attributed to the petit ioner cannot, at this stage, the role attributed to the petitioner cannot, at this stage, be treated as insignificant or peripheral. Alt be treated as insignificant or peripheral. Although the FIR has initially been registered against unknown persons but registered against unknown persons the investigation subsequently but the investigation subsequently the involvement of certain named individuals, including the present reflects the involvement of certain named individuals, including the present the involvement of certain named individuals, including the present the involvement of certain named individuals, including the present CRM-M- -35261-2026 5 named in the FIR petitioner. The mere fact that the petitioner has not been named in the FIR petitioner. The mere fact that the petitioner petitioner. The mere fact that the petitioner arrest bail, does not, by itself, constitute a ground for granting pre-arrest bail, does not, by itself, constitute a ground for granting pre does not, by itself, constitute a ground for granting pre particularly when the investigation is still underway and material connecting particularly when the investigation is still underway and material connecting particularly when the investigation is still underway and material connecting particularly when the investigation is still underway and material connecting ed during the course of investigation. him with the offence has surfaced during the course of investigation. ed during the course of investigation. him with the offence has surfac he record reflects that the occurrence was not a sudden act but Furthermore, the record reflects that the occurrence was not a sudden act but he record reflects that the occurrence was not a sudden act but Furthermore, t wherein the assailants arrived at has been committed in a planned manner wherein the assailants arrived at has been committed in a planned manner has been committed in a planned manner the shop with their faces covered; demanded money from the deceas the shop with their faces ed and demanded money from the deceased and upon resistance, fired at him resulting into his death upon resistance, fired at him . The allegations resulting into his death. The allegations disclose a coordinated action undertaken by more than one person which disclose a coordinated action undertaken by more than one person disclose a coordinated action undertaken by more than one person prima facie reflects prior planning and common intention prima facie the stage of prior planning and common intention. At the stage of consideration of plea for grant of anticipatory bail this consideration of plea for grant cannot of anticipatory bail this Court cannot meticulously examine the admissibility/ meticulous evidentiary value of the material evidentiary value of the material collected by the investigating agency. The defence raised by the petitioner collected by the investigating agency. The defence raised by the petitioner collected by the investigating agency. The defence raised by the petitioner collected by the investigating agency. The defence raised by the petitioner er that regarding false implication on account of personal enmity is a matter that regarding false implication on account of personal enmity is a matt regarding false implication on account of personal enmity is a matt The can be examined only after evidence is led before the Court below. The can be examined only after evidence is led can be examined only after evidence is led prima facie occurrence is alleged to have taken place in a manner which prima facie occurrence is alleged to have taken place in a manner which occurrence is alleged to have taken place in a manner which settled that the seriousness of the indicates concerted action. It is well-settled that the seriousness of the settled that the seriousness of the indicates concerted action. It is well the basis of the allegations and surrounding offence is to be assessed on the basis of the allegations and surrounding the basis of the allegations and surrounding offence is to be assessed on circumstances and the act done with intention or knowledge to cause death circumstances and the act done with intention or knowledge to cause death circumstances and the act done with intention or knowledge to cause death circumstances and the act done with intention or knowledge to cause death is sufficient. It is settled law that while considering the plea for grant of is sufficient. It is settled law that while considering the plea for grant of is sufficient. It is settled law that while considering the plea for grant of is sufficient. It is settled law that while considering the plea for grant of liberty anticipatory bail, the Court must strike a balance between the right of liberty anticipatory bail, the Court must strike a balance between anticipatory bail, the Court must strike a balance between the individual and the need for free, fair and effective investigation. The of the individual and the need for free, fair and effective investigation. The the individual and the need for free, fair and effective investigation. The the individual and the need for free, fair and effective investigation. The investigation is at a nascent stage and verification of facts are yet to be investigation is at a nascent stage and verification of facts are yet to be investigation is at a nascent stage and verification of facts are yet to be investigation is at a nascent stage and verification of facts are yet to be carried out. Such offences necessitate a strong and principled judicial carried out. Such offences necessitate a strong and principled judicial carried out. Such offences necessitate a strong and principled judicial carried out. Such offences necessitate a strong and principled judicial se to prevent their recurrence. response to prevent their recurrence. CRM-M- -35261-2026 6

#7. The allegations against the petitioner disclose prima facie allegations against the petitioner disclose prima facie involvement in a grave and serious offence. The role attributed to the involvement in a grave and serious offence. The role attributed to involvement in a grave and serious offence. The role attributed to petitioner forms an integral part relating to a pre petitioner forms an integral part relating to a pre-planned robbery which resulted in the in the murder of the deceased. In the considered opinion of this In the considered opinion of this Court, granting anticipatory bail at this stage may likely hamper the on- Court, granting anticipatory bail at this stage may likely hamper the on Court, granting anticipatory bail at this stage may likely hamper the on Court, granting anticipatory bail at this stage may likely hamper the on plausible cause has been shown, at this going investigation. No cause nay plausible cause has been shown, at this plausible cause has been shown, at this going investigation. etitioner has been falsely stage, from which it can be deciphered that the petitioner has been falsely stage, from which it can be deciphered that the p stage, from which it can be deciphered that the p It is befitting to mention here that while implicated in the present FIR. It is befitting to mention here that while It is befitting to mention here that while implicated in the present grant of anticipatory bail, the Court has to equilibrate considering a plea for grant of anticipatory bail, the Court has to equilibrate grant of anticipatory bail, the Court has to equilibrate considering a plea for between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The Court ought to reckon with the magnitude and nature of the offence; the role Court ought to reckon with the magnitude and nature of the offence; the role Court ought to reckon with the magnitude and nature of the offence; the role Court ought to reckon with the magnitude and nature of the offence; the role and free investigation as also the attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair attributed to the accused; the need for fair deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this case is not stage, there is no material on record to hold that a prima facie case is not stage, there is no material on record to hold that stage, there is no material on record to hold that d and made out against the petitioner. The material which has come on record and made out against the petitioner. The material which has come on recor made out against the petitioner. The material which has come on recor the preliminary investigation, appear to establish a reasonable basis for the preliminary investigation, appears to establish a reasonable basis for the to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as petitioner, as petitioner, as petitioner, as it would necessarily cause it would necessarily cause it would necessarily cause it would necessarily cause impediment impediment impediment impediment in effective in effective in effective in effective