BINDER SINGH KAALI BILLI v. STATE OF PUNJAB

Present:- Mr. Jagjit Singh Sarao, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G. Punjab. -.- VIRINDER AGGARWAL , J . (Oral)

#1. The present is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail in case FIR No. 6 dated 08.01.2025, registered under Sections 105, 115(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 304, 323 and 120-B of the Indian Penal Code, 1860) at Police Station Sadar Patiala (Annexure P-1).

#2. Briefly stated, the prosecution case originates from the statement of Gursewak Singh, son of late Harmesh Singh, alleging that on

27.12.2024, his father, who was addicted to alcohol, left home in the evening and did not return. The following morning, his dead body was found lying in the fields, whereupon the police were informed. Initially, no CRM-M-36048-2026 (O&M) -:2:- suspicion was raised due to the complainant's state of shock. However, after the cremation and subsequent enquiry, the complainant alleged that accused Bittu Singh, Gurtej Singh, Binder @ Kali Bili, Lovepreet Singh and Jaskaran Singh had taken his father with them on the night of the occurrence, made him consume excessive liquor, assaulted him, and abandoned him in the fields with the intention that he would not survive. It is further alleged that the deceased sustained a fatal neck injury and succumbed to exposure during the cold night. The complainant also attributed motive to an earlier dispute between his family and accused Bittu Singh, alleging that the accused were harbouring a grudge arising out of the said incident and had extended threats a few days prior to the occurrence. On the basis of these allegations, the present FIR came to be registered against the accused persons.

#4. Notice of motion. Mr. Baljinder Singh Sra, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondent-State. The custody certificate tendered by the learned State counsel is taken on record, subject to all just exceptions. Opposing the present petition, learned State counsel supports the impugned order and submits that, having regard to the gravity and seriousness of the allegations, the applicant-petitioner is not entitled to the concession of regular bail and, therefore, the petition deserves to be dismissed.

#5. I have heard learned counsel for the parties at considerable length and have carefully perused the paper book and the material available on record with their able assistance. CRM-M-36048-2026 (O&M) -:3:-

#6. The applicant-petitioner has remained in judicial custody for the last one year and six months. The case is presently pending for prosecution evidence and, having regard to the stage of the proceedings, the trial is not likely to conclude in the near future. The right to a speedy and expeditious trial being an integral facet of Article 21 of the Constitution of India, continued incarceration of the applicant-petitioner for an indefinite period would not serve any useful purpose. Furthermore, the prosecution case substantially rests upon the statement of witness Harnek Singh, which was recorded on 09.01.2025, although the alleged occurrence took place on 27.12.2024. Prima facie, there is no plausible explanation for the inordinate delay of nearly a fortnight in recording the said statement. Equally significant is the fact that the allegation that the accused persons compelled the deceased to consume excessive liquor does not find corroboration from the medical evidence. Neither did the Medical Officer notice any smell of alcohol during the post-mortem examination, nor was any alcohol detected in the viscera as per the report of the Chemical Examiner. Without expressing any opinion on the merits of the case, and considering the totality of the circumstances, particularly the prolonged custody of the petitioner, the stage of the trial, and the apparent inconsistencies noticed above, this Court is of the considered view that no useful purpose would be served by further prolonging the incarceration of the applicant-petitioner pending trial.

6.1. Consequently, the present petition is allowed, and the applicant-petitioner is ordered to be released on regular bail, subject to his furnishing requisite bail and surety bonds to the satisfaction of the learned CRM-M-36048-2026 (O&M) -:4:- Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- i. The petitioner(s) shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the Investigating Agency. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. v. The petitioner(s) shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, the Permanent Account Number CRM-M-36048-2026 (O&M) -:5:- (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law. vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of bail and issuance of appropriate coercive process, including warrants of arrest.

#7. In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof.

10.07.2026 Gaurav Sorot ( VIRINDER AGGARWAL) JUDGE CRM-M-36048-2026 (O&M) -:6:- Whether reasoned / speaking? Yes / No Whether reportable? Yes / No