30.9.2025 Yadvinder Singh alias Yadwinder Singh alias Yada ………… v. State of Punjab
Case Details
CRM-M No.53874 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 295 ***** CRM-M No.53874 of 2025 Date of decision : 30.9.2025 Yadvinder Singh alias Yadwinder Singh alias Yada ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Legal Reasoning
Present: Mr. Sukhbir Maandi, Advocate, for the petitioner Mr. Gaurav Gurcharan S. Rai, Senior DAG, 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.156 dated 14.8.2025, under Sections 109, 126 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act, 1959, registered at Police Station Beas, District Amritsar (Rural). 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 Sharanpreet Singh son of Baldev Singh resident of Klair Ghuman, Police Station Khilchian, aged about 28 years, Mobile No. 8146658017, stated that I am resident of above noted address and is the Driver of Truck. We are two brothers, my brother Amarjit Singh is studying and unmarried. On 09.08.2025, at about 2:00 PM, near Mata ASHWANI KUMAR 2025.09.30 17:52 I attest to the accuracy and integrity of this document CRM-M No.53874 of 2025 -2- Ganga Gurudwara Sahib, Baba Bakala Sahib, I had quarrel with Gandhi son of Mangal Singh resident of Baba Bakala Sahib, over the exchange of Mobilephone. On 12.08.2025, at about 12:00 PM, I was riding my motorcycle Splendor and going from Baba Bakala Sahib to Wadala Canal. When, I reached Gate Mehalgarh, there were four young men standing in front of a Motorcycle, when I went closer and saw, among of them were Gandhi, Gandhi, Mallah, Mallah, Honey Honey a and Yadvinder Singh alias Yada, who came forward and stopped my Motorcycle and then Mallah raised a Lalkara that today taught him lesson for fighting with our friend Gandhi on the day of the fair. In the meanwhile, Honey son of Surjit Singh resident of Baba Bakala Sahib took out a Pistol from his Dab and fired at me with the intention to kill me, and in order to save myself, I turned back and the fire hit on the left side of waist. I got injured and fell down on the ground then all the four accused persons run away from the spot on their Motorcycle. The motive of revenge is that some days ago, I had a fight with the above said Gandhi for a Mobile, due to this reason, Gandhi, Mallah, Honey and Yada all resident of Baba Bakala Sahib stopped my Motorcycle and shoot me. The Sarpanch of our Village Prabhjit Singh arranged the vehicle and admitted to Civil Hospital Baba Bakala Sahib where doctor referred me to Guru Nanak Hospital where I am under treatment. I got recorded this statement in the presence of Guriqbal Singh son of Gian Singh resident of Nijjer. Legal action be taken against Mallah, Honey, Gandhi and Yada. Justice be provided to me. Statement got recorded, heard and found correct. Sd/-Sharanpreet Singh.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 14.8.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that, assuming arguendo, the prosecution version is taken to be correct, the fire shot is not attributed to the petitioner. Learned counsel has relied upon an affidavit dated 25.8.2025 stated to be sworn in by the complainant to argue that even the complainant had not ascribed any specific role to the petitioner. Thus, ASHWANI KUMAR 2025.09.30 17:52 I attest to the accuracy and integrity of this document CRM-M No.53874 of 2025 -3- 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 29.9.2025 in Court, which is taken on record. 4.1 Mr. J.S. Mahal, Advocate has caused appearance on behalf of the complainant and has filed his vakalatnama, which is taken on record. He has vouched the veracity of affidavit dated 25.8.2025 sworn in by the complainant (copy whereof has been appended as Annexure P-2 with the instant petition). 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 14.8.2025 and is in continuous custody since then. The culmination of the investigation as also the trial emanating therefrom, in case occasion so arises, will take its own time. The rival contention; including the weightage/veracity required to be attached to the affidavit dated 25.8.2025 (copy whereof has been appended as Annexure P-2 with the instant petition); shall be gone into 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 brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. ASHWANI KUMAR 2025.09.30 17:52 I attest to the accuracy and integrity of this document CRM-M No.53874 of 2025 -4- As per custody certificate dated 29.9.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 01 month and 9 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. 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 ASHWANI KUMAR 2025.09.30 17:52 I attest to the accuracy and integrity of this document CRM-M No.53874 of 2025 -5- 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 30.9.2025 Ashwanii Whether speaking/reasoned: Whether reportable: Yes/No Yes/No ASHWANI KUMAR 2025.09.30 17:52 I attest to the accuracy and integrity of this document