STATE v. ALOK JAIN

ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN Present: Mr. Angel Walia, Advocate for the petitioner. Mr. Angel Walia, Advocate for the petitioner. **** Mr. Amandeep Singh Samra, AAG, Punjab. Mr. Amandeep Singh Samra, AAG, Punjab. **** ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral)

#1. The present petition has been filed seeking the grant of The present petition has been filed seeking the grant anticipatory bail to the petitioner in case FIR No. 118 dated 04.11.2025, anticipatory bail to the petitioner in case FIR No. 118 dated 04.11.2025, anticipatory bail to the petitioner in case FIR No. 118 dated 04.11.2025, anticipatory bail to the petitioner in case FIR No. 118 dated 04.11.2025, registered under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and registered under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and registered under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and registered under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, at Police Station Qila Lal Singh, Sections 25 and 27 of the Arms Act, at Police Station Qila Lal Singh, Sections 25 and 27 of the Arms Act, at Police Station Qila Lal Singh, Sections 25 and 27 of the Arms Act, at Police Station Qila Lal Singh, District Gurdaspur, Punjab. District Gurdaspur, Punjab.

#2. d counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner d counsel for the petitioner submits that the petitioner has been wrongly implicated in the present FIR and had no role to play in has been wrongly implicated in the present FIR and had no role to play in has been wrongly implicated in the present FIR and had no role to play in has been wrongly implicated in the present FIR and had no role to play in the alleged occurrence. It is further submitted that the petitioner was the alleged occurrence. It is further submitted that the petitioner was the alleged occurrence. It is further submitted that the petitioner was the alleged occurrence. It is further submitted that the petitioner was

#25. The only nominated subsequently vide DDR No. 23 dated 10.11.2025. The only nominated subsequently vide DDR No. 23 dated 10.11.20 nominated subsequently vide DDR No. 23 dated 10.11.20 he along with the other accused, had allegation against the petitioner is that, he along with the other accused, had he along with the other accused, had allegation against the petitioner is that fired several several gunshots and spreaded terror by displaying weapons . terror by displaying weapons openly. Learned counsel further submits that the allegations are vague and Learned counsel further submits that the allegations are vague and Learned counsel further submits that the allegations are vague and Learned counsel further submits that the allegations are vague and CRM-M-39467 39467-2026 (O&M) -2- unfounded. Moreover, the other co-accused unfounded. Moreover, Sukhbir Singh and Surjit Singh, accused Sukhbir Singh and Surjit Singh, at whose premises the alleged incident is stated to have taken place, have at whose premises the alleged incident is stated to have taken place, have at whose premises the alleged incident is stated to have taken place, have at whose premises the alleged incident is stated to have taken place, have already been granted the concession of anticipatory bail. already been granted the concession of anticipatory bail. already been granted the concession of anticipatory bail.

#4. , learned State counsel has vehemently opposed the Per contra, learned State counsel has vehemently opposed the , learned State counsel has vehemently opposed the of anticipatory bail to the petitioner and submitted that the petitioner grant of anticipatory bail to the petitioner and submitted that the petitioner of anticipatory bail to the petitioner and submitted that the petitioner of anticipatory bail to the petitioner and submitted that the petitioner does not have clean antecedents, as he is already involved in another case does not have clean antecedents, as he is already involved in another case does not have clean antecedents, as he is already involved in another case does not have clean antecedents, as he is already involved in another case under the Arms Act. It is further submitted that there are specific under the Arms Act. It is further submitted that there are specific under the Arms Act. It is further submitted that there are specific under the Arms Act. It is further submitted that there are specific allegations that the petitioner fired various allegations that the petitioner displayed rious gunshots and displayed weapons openly thereby spreaded terror . Besides this, another aspect under s openly thereby spreaded terror. Besides this, another aspect under . Besides this, another aspect under investigation pertains to an alleged gang war and the murder of one Deep investigation pertains to an alleged gang war and the murder of one Deep investigation pertains to an alleged gang war and the murder of one Deep investigation pertains to an alleged gang war and the murder of one Deep Cheema, who is also stated to have been present at the place of occurrence. Cheema, who is also stated to have been present at the place of occurrence. Cheema, who is also stated to have been present at the place of occurrence.

#6. Heard learned counsel for the parties at length. Heard learned counsel for the parties at length. Considering the seriousness of the allegations against the Considering the seriousness of the allegations against the Considering the seriousness of the allegations against the petitioner and his criminal antecedents, this Court is of the view that his petitioner and his criminal antecedents, this Court is of the view that his petitioner and his criminal antecedents, this Court is of the view that his petitioner and his criminal antecedents, this Court is of the view that his m the other custodial interrogation is of considerable importance. Apart from the other custodial interrogation is of considerable importance custodial interrogation is of considerable importance aspects of the investigation which are still underway aspects of the investigation verified are still underway, it is yet to be verified . whether the petitioner possesses a valid arms licence or not. whether the petitioner possesses a valid arms licence as to whether the petitioner possesses a valid arms licence Moreover, the settled principle of law the settled principle of law has been laid down by the Hon’ble has been laid down by the Hon’ble , Supreme Court of India in case of CBI vs. Anil Sharma,(1997) 7SCC 187 CBI vs. Anil Sharma,(1997) 7SCC 187, Supreme Court of India in case of the relevant extract is reproduced as under: the relevant extract is reproduced as under: We find force in the submission of the CBI that “We find force in the submission of the CBI that We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation custodial interrogation is qualitatively more elicitation custodial interrogation is qualitatively more elicitation questioning a suspect who is well orientated than questioning a suspect who is well questioning a suspect who is well ensconced with a favourable order under Section 438 of ensconced with a favourable order under Section 438 of ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of the Code. In a case like this effective interrogation of the Code. In a case like this effective interrogation of CRM-M-39467 39467-2026 (O&M) -3- suspected person is of tremendous advantage in suspected person is of tremendous advantage in suspected person is of tremendous advantage in disinterring many useful disinterring many useful disinterring many useful informations and also informations and also informations and also h would have been concealed. Success in materials which would have been concealed. Success in h would have been concealed. Success in elude if the suspected person such interrogation would elude if the suspected person such interrogation would - knows that he is well protected and insulated by a pre knows that he is well protected and insulated by a pre- arrest bail order during the time he is interrogated. arrest bail order during the time he is interrogated. arrest bail order during the time he is interrogated. Very often interrogation in such a condition would Very often interrogation in such a condition would Very often interrogation in such a condition would educe to a mere ritual. The argument that the custodial reduce to a mere ritual. The argument that the custodial educe to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person interrogation is fraught with the danger of the person interrogation is fraught with the danger of the person being subjected to third degree methods need not be being subjected to third degree methods need not be being subjected to third degree methods need not be countenanced, for, such an argument can be advanced countenanced, for, such an argument can be advanced countenanced, for, such an argument can be advanced Court has to by all accused in all criminal cases. The Court has to by all accused in all criminal cases. The presume that responsible Police Officers would conduct presume that responsible Police Officers would conduct presume that responsible Police Officers would conduct themselves in a responsible manner and that those themselves in a responsible manner and that those themselves in a responsible manner and that those entrusted with the task of disinterring would not conduct entrusted with the task of disinterring would not conduct entrusted with the task of disinterring would not conduct themselves as offenders. themselves as offenders.

#7. d principle In light of the facts, circumstances and settled principle In light of the facts, circumstances and settle the custodial interrogation of the petitioner is of paramount of law, the custodial interrogation of the petitioner is of paramount the custodial interrogation of the petitioner is of paramount the custodial interrogation of the petitioner is of paramount importance, at this stage, to ensure that the investigation in this case comes , at this stage, to ensure that the investigation in this case comes at this stage, to ensure that the investigation in this case comes to its logical end. to its logical end.

#8. Court does not find any reasonable ground to Accordingly, this Court does not find any reasonable ground to Court does not find any reasonable ground to e extra ordinary concession of anticipatory bail to the petitioner, grant the extra ordinary concession of anticipatory bail to the petitioner, e extra ordinary concession of anticipatory bail to the petitioner, e extra ordinary concession of anticipatory bail to the petitioner, hence, the same is dismissed. hence, the same is dismissed.

#9. Pending application(s), if any, stands disposed of. Pending application(s), if any, stands disposed of. July 20, 2026 July 20, 2026 Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE