Happy v. State of Pun of Punjab
Case Details
CRM-M- -42913-2025 1- -1 IN THE HIGH COURT OF PUNJA IN CHANDIGA PUNJAB AND HARYANA AT DIGARH 230 CRM-M-42913-2025 .2025 Date of Decision: 28.10.2025 Harpreet Si reet Singh @ Happy v. State of Pun of Punjab …Petitioner. …Respondent. CORAM: AM: HON’BLE MS. JUSTICE AA CE AARADHNA SAWHNEY. Present: Mr. G.S. Randhawa, Advocate vocate for the petitioner. Mr. Gautam Thapar, Sr. Deput Deputy Advocate General, Punjab. **** AARADHN ADHNA SAWHNEY, J. (Oral) 1. Petitioner, an accused in case n case FIR No. 011 dated 30.01.202 .2025, under Sect r Sections 111(3), 113 (Section 109, 109, 3(5) of BNS added later on) o r on) of BNS, Secti Sections 3, 4, 5, 6 of Explosive Su ive Substances Act and Section 25(6 n 25(6), 25(7) of Ar ) of Arms Act, registered at Police Sta ice Station Sirhali, District Tarn Tara n Taran, has filed th d the present petition under Section ection 483 of BNSS for grant of bail. 2. Relevant facts as emerging fr ging from the documents on record b cord be noticed her ed hereinbelow:- On 30.01.2025, a secret infor nformation was received by Inspecto pector Sukhdev S v Singh, that Robinjeet Singh @ @ Robin, Yuvraj Singh @ Jagg Jaggu, Karan Sing Singh @ Kala, Jasdeep Singh @ @ Jass, Harpreet Singh @ Happ Happy (petitioner) ner), Ajay @ Tunda, Navjot Singh ngh @ Nav, Gurdev Singh @ Jaissa aissal, Satbir Sing Singh @ Satnam Singh @ Satta, Sa a, Sahib Singh @ Saba, had formed med a gang and and were involved in criminal a al activities, that these people ha e had GURBACHAN SINGH 2025.10.30 18:54 I attest to the accuracy and integrity of this document CRM-M- -42913-2025 2- -2 procured i ed illegal weapons from Pakistan stan and were extorting money fro from public, as , as also that they were involved in d in multiple cases of snatching an g and murder etc r etc, further that in case, Naka is l is laid at the disclosed place, all th all the above men mentioned persons can be appreh prehended. Relying upon the sa said information ation, police laid barricades at at the relevant place, when aft after sometime, me, they saw a car bearing registr gistration No. PB-11BY-8656 comin oming from oppos pposite direction. The driver was s as signaled to stop the car, but he h he hit into one of e of the members of the police tea
Legal Reasoning
e team and also opened fire at them them. The other p her person who was sitting on the p the passenger’s seat also tried to ru to run away. So a So as to protect the police personne onnel, ASI Kanwarpal Singh returne turned fire, which hich hit on the right foot of the assai ssailant, who fell down. Finally, bo , both the person rsons inside the car were appreh prehended. Upon questioning, the , they introduced ced themselves as Robinjeet Singh ingh alias Robin son of Late Satna atnam Singh and and Harpreet Singh @ Happy py son of Sukhdev Singh (prese resent petitioner). ner). As per the case set up by the the prosecution, one .30 bore pist pistol along with with 18 live cartridges and two han hand grenades were recovered fro from the car. r. Hand grenades were deactivat tivated and were seized as per th er the procedure. ure. 3. Petitioner filed an application lication for bail under Section 483 o 483 of BNSS befo S before the learned Additional Ses al Sessions Judge, Tarn Taran, whic , which came to be to be dismissed vide order dated 31 31.7.2025. Aggrieved of which, th ich, the present peti nt petition has been filed. 4. Learned counsel for the petitioner has raised manifo the p anifold submission issions. Firstly, that the petitioner, , a young boy who was picked u cked up from home home, has been falsely implicated in ted in the present case and only with y with a view to con to connect him with the offence, reco , recovery of arms was planted on him on him. GURBACHAN SINGH 2025.10.30 18:54 I attest to the accuracy and integrity of this document CRM-M- -42913-2025 3- -3 Continuing
Legal Reasoning
inuing further, learned counsel submit ubmits that the falsity of the case set u t up by the pros e prosecution is apparent from the fac he fact that though allegedly, one of th e of the members o bers of the Police team had been een deliberately hit by car, in whic which petitioner w ioner was sitting, who as a consequen sequence thereof had suffered injurie injuries. Surprisingl risingly, however, no medico legal rep gal report of the said police official ha icial has been appen appended along with. Secondly, as , as mentioned in the FIR, the secr e secret informant d mant disclosed that petitioner and his nd his other associates are habitual o itual of extorting m ting money from well known perso persons/ businessmen of the area b area but there is not is nothing on record to suggest that t that any criminal case was registere gistered against any any one of them or any complaint plaint of the sort had been received b ived by the police t olice team. Thirdly, learned counsel s unsel submits that the story as set up b et up by the prosecu cution, on the fact of it, does not es not seem to be plausible. For if a or if as portrayed, ayed, petitioner and his other associ associates were habitual of importin porting arms and and explosives from Pakistan, it , it is expected that they wou would bring/collec /collect sophisticated arms etc. and n and not hand grenades, country mad ry made revolver. lver. Further, there is no explanati planation forth coming as to why n why no independen endent person was arrayed as a witnes witness to the case proceedings, despi , despite secret info t information having been received ceived in advance. Towards the en he end, learned co ed counsel submits that the inves investigations qua the petitioner ioner is complete, lete, for challan has been filed but sin since none of prosecution witnesse itnesses have been been examined, completion of trial f trial is likely to take sometime, thu e, thus, further inca er incarceration of the petitioner, who r, who has been in custody since 30.1.20 0.1.2025 would not se not serve any useful purpose. Prayer for allo for allowing the petition has been made. 5. Per Contra, learned State cou counsel has opposed the request for grant of bai bail to the petitioner on the ground ground that the petitioner along with his other accom accomplice are involved in illegally egally importing arms and ammunitio unition GURBACHAN SINGH 2025.10.30 18:54 I attest to the accuracy and integrity of this document CRM-M- -42913-2025 4- -4 from Pakist Pakistan. They all have formed a gan gang, and are habitual of demandin anding ransom from from the traders and well known pe persons settled in Punjab. They are involved in criminal activities and linked linked with Canada based gangster ngsters. Continuing inuing further, learned State counsel submits that in view of seriousne iousness and gravity gravity of offence, long custody of of the petitioner in itself cannot be ground to to grant him the concession of bai bail, for if released on bail, there there is every likel likelihood of petitioner fleeing from process of justice by not appearing aring in the Court, of indulging in in extortion etc. Dismissal of the petition has has been prayed for. 6. Heard learned counsel for for the parties and perused the documents ments on record. 7. Factual aspects of the case lea leading to the arrest of the petition etitioner have alread already been noticed in para 2 of this this order. In brief, allegation again against petitioner ioner is that he and one Robinjeet Singh alias Robin son of Satna Satnam Singh were were arrested when a Naka was laid by the police team, who ha had received a a secret information that few anti anti national elements can be caug caught while cross crossing the area. Petitioner and and his associate, namely, Robinje obinjeet Singh were were allegedly caught keeping in in their illegal possession countr country made pistol pistol and 18 live cartridges and hand hand grenades etc. In view of the submissions adv advanced by learned counsel for the petitioner, ioner, but without further comment menting on the merits of the cas case, considering idering the fact that the petitioner has has been in custody since 30.1.202 .1.2025, out of 22 prosecution witnesses, none has has been examined till date, thus, the possibility lity of trial being concluded in nea near future is quite remote, furth further incarceratio ceration of the petitioner, would not not serve any useful purpose, mores moreso when there there is nothing on record to suggest uggest that he has remained involved olved in GURBACHAN SINGH 2025.10.30 18:54 I attest to the accuracy and integrity of this document CRM-M- -42913-2025 5- -5 any crimina riminal case, neither any complaint is pending against him, moreove oreover, all the pros prosecution witnesses are official w witnesses, there is no apprehensio hension of petitione titioner trying to over-awe them, thu thus, in view of above factors, th this Court deem deems it appropriate to grant the co concession of bail to the petition etitioner subject to h to his furnishing bail bonds with tw two local sureties to the satisfactio sfaction of learned arned trial Court/Duty Magistrate con te concerned. The petitioner shall abid ll abide by the follo e following conditions:- (i) The petitioner will not not tamper with the evidence durin during the trial. (ii) The petitioner will ill not pressurize/ e intimidate the th prosecution witnesses. (iii) The petitioner shall sur surrender his passport and shall not leave the country without prio rt. prior permission of the trial Court. (iv) The petitioner shall not l not commit an offence similar to th to the offence of which, he is an acc accused, or for commission of whic which he is suspected of. (v) The petitioner shall n ll not directly or indirectly coerc oerce, induce, threaten or promise to ise to any person acquainted with th ith the facts of the case so as to dissu dissuade him/her from disclosing suc g such facts to the Court or to any any police officer or tamper with th ith the evidence in any manner. (vi) The petitioner shall not berty. not in any manner misuse his liberty (vii) The petitioner shall f ll furnish his address and mobi obile number to the Trial Court fo rt forthwith and shall not change th ge the same till the conclusion of the f the trial and in case for any reaso eason, the petitioner seeks to chang ange any of the aforesaid, the sam same shall be done only with prio prior intimation to the learned Tri Trial Court, stating the reason for th for the same. (viii) The petitioner will appe appear before the trial Court on eac n each and every date fixed, unless i ess is exempted by a specific order der of Court. GURBACHAN SINGH 2025.10.30 18:54 I attest to the accuracy and integrity of this document CRM-M- -42913-2025 6- -6 (ix) The trial Court/Duty M ty Magistrate may impose any oth other condition, as deemed app g appropriate while releasing the th petitioner. 9. Accordingly, the present petiti t petition is allowed and it is made cle de clear that in case in case there is any breach of the afore e aforesaid conditions, the State shall b shall be at liberty t erty to seek cancellation of bail as ail as granted to the petitioner by th by this order. 10.
Decision
In view of the above, it is cla t is clarified that the observations mad ns made herein are l n are limited for the purpose of prese f present proceedings and would not b d not be construed a trued as an opinion on the merits of the s of the case and the trial would procee proceed independen ently of the aforesaid observations ations. .2025 28.10.2025 gbs NEY) (AARADHNA SAWHNEY) JUDGE Whether Speaking/reasoned Whether Reportable : : Yes/No Yes/No GURBACHAN SINGH 2025.10.30 18:54 I attest to the accuracy and integrity of this document