2.9.2025 Vansh Kumar @ Vansh ………… v. CORAM: HON'BLE
Case Details
CRM-M No.47550 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 230 ***** CRM-M No.47550 of 2025 Date of decision : 2.9.2025 Vansh Kumar @ Vansh ………….Petitioner State of Punjab …….Respondent Versus CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Lovish Rattan, Advocate, for the petitioner
Legal Reasoning
Mr. Baljinder Singh Sra, Addl. AG, Punjab --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.82 dated 1.6.2025, under Sections 109, 333, 351(2), 190, 191(2) and 115(2) of Bharatiya Nyaya Sanhita, 2023 & Section 25 of Arms Act, 1959, registered at Police Station Sadar Amritsar, District Amritsar. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘Statement of Simarjit Kaur, wife of late Malkit Singh, resident of near Khanna Fabric Factory, Ram Nagar Colony, Majitha Road Bypass, Amritsar, age about 39 years, phone number 6284020312, stated that I am a resident of the abovesaid address and work on a sewing machine in my house. I have only one son whose name is Sehajbir Singh, who studies in 10+1 class at Senior Secondary School, Naushera, Majitha Road, Ashwani Kumar 2025.09.02 17:58 I attest to the accuracy and integrity of this document CRM-M No.47550 of 2025 -2- Amritsar. My son Sehajbir Singh goes to the dairy of Bhalle near Gurdwara Baba Ramdas Baba Deep Singh every day to offer services. Like everyday, today also he had gone to offer services at chabeel of Gurdwara Sahib. When he returned home at around 3:00 pm, he had an injury on his head and on the right ear and they were bleeding. When I asked my son about the injury on his head and the bleeding, my son stated that about a month ago, Arshdeep Singh had a fight with Amandeep Aman Singh who is our tenant in the street in front of our house and he had resolved their fight. Because of that, today Chand and an unknown boy stopped me at the corner of the street outside the gurdwara at around 2:30 pm today and started a fight. They said, "Let me give you a taste of the fun of that day. The boy, whose name he doesn't know who came with Chand and hit me on the right side of my head above my ear with a piece of iron bangle in his hand and caused me injuries. I escaped from them and came home. While my son was telling about the whole incident at around 3:15 pm, Vansh, who runs a tattoo shop in the same neighborhood, had an gandasa in his hand and with him, Paramvir Singh, a resident of Ram Nagar Colony, along with a boy named Chand, came to our house on the roof above us, who stood on the stairs of our roof and 2 unknown boys who stood at the gate of the house. That Vansh who stood on the roof and Paramvir Singh said, "Giani, what do you want?" I got up from the sewing machine and asked them, "Why are you coming to our house and fighting with us?" Meanwhile, Paramvir Singh took out a pistol from his pocket. I got scared and told him, "Don't do that." and grabbed Paramvir's right arm. Paramvir Singh fired the pistol with the intention of killing my son. The shot went through my son's legs and hit the corner of the wall. Paramvir Singh then fired a second shot at my son with the intention of killing him. I again grabbed his right arm to protect my son and the second shot also went through my son's legs and hit the corner of the wall. Then Paramvir Singh fired the third shot in the air. I started shouting to save my child. Hearing the shouting, the people of the locality started gathering. Seeing those people gathering, the accused fled from the spot along with their weapons. I was coming to the police station with my son that I have found you. Legal action should be taken against the accused. Sd/-Simarjit Kaur.’ 3. Learned counsel for the petitioner has argued that the petitioner Ashwani Kumar 2025.09.02 17:58 I attest to the accuracy and integrity of this document CRM-M No.47550 of 2025 -3- is in custody since 10.6.2025. Learned counsel has further argued that Section 307 of IPC has been invoked primarily on account of 3 fire shots made by co-accused Paramvir Singh but the same has not hit anyone. Learned counsel has further argued that no specific role has been attributed to the petitioner. Learned counsel has further iterated that the petitioner is a young man aged 25 years with no criminal antecedents. Learned counsel has further argued that a settlement has been arrived at between the rival concerned parties and a petition for compromise quashing bearing CRM-M No.41137 of 2025 has already been filed before this Court and the same is pending for 17.11.2025. Hence, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 1.9.2025 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 10.6.2025; culmination of investigation as also trial, if occasion so arises, will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been Ashwani Kumar 2025.09.02 17:58 I attest to the accuracy and integrity of this document CRM-M No.47550 of 2025 -4- brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. As per custody certificate dated 1.9.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 months and 20 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to Ashwani Kumar 2025.09.02 17:58 I attest to the accuracy and integrity of this document CRM-M No.47550 of 2025 -5- the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. 10. Ordered accordingly. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 2.9.2025 Ashwanii Whether speaking/reasoned: Whether reportable: Yes/No Yes/No Ashwani Kumar 2025.09.02 17:58 I attest to the accuracy and integrity of this document