The High Court
Case Details
CRM-M No.58693 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 ***** CRM-M No.58693 of 2025 Date of decision : 26.11.2025 Date of uploading : 26.11.2025 Manpreet Singh ………….Petitioner State of Punjab …….Respondent Versus
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Puneet Bali, Advocate, for the petitioner 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.173 dated 21.8.2025 under Sections 333/311/309(4)/61(2) of Bharatiya Nyaya Sanhita, 2023 of the IPC, registered at Police Station Sadar Khanna, District Ludhiana. 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 Manpreet Singh son of Malkit Singh, resident of village Bibipur, Police Station Sadar Khanna, District Ludhiana, aged about 34 years, mobile number 91690-03000, stated as under: "I am a resident of the aforesaid address. Since birth, I am handicapped. I have studied up to 10th standard, and I obtained this education from the Government High School in my village. Due to being handicapped, I run a shop named Mani Kiryana Store at my house itself. Along with the grocery business, I also ASHWANI KUMAR 2025.11.26 17:56 I attest to the accuracy and integrity of this document CRM-M No.58693 of 2025 -2- provide money transfer and billing services. The daily transactions of my shop are approximately Rs. 50,000 to Rs.60,000/-. On 20.08.2025, as I had to make electricity bill payments and other transactions along with grocery sales, I had counted and kept about Rs. 70,000/- in the cash drawer of my shop. At about 02:10 p.m., I was present at my shop when two clean-shaven young men came riding a white Activa scooter. Their faces were covered. Out of them, one young man entered my shop while the other stood outside in the street. The one who entered the shop pointed a pistol (weapon) at me, pushed me forcefully, and threw me to the ground. He then forcibly took out the Rs. 70,000/- that I had kept in the cash drawer and ran away with his companion waiting outside on the white Activa scooter. Thereafter, 1 and my associates tried to trace them on our own, but we could not find them. Later, I came to know that the person who entered my shop, threatened me with the pistol, and forcibly took away the money is Manpreet Singh @ Banga son of Chhota Singh, resident of Lallo Khurd, Police Station Amloh, District Fatehgarh Sahib, and his accomplice who was waiting outside on the Activa scooter is Satpal Singh @ Satta son of Baljinder Singh, resident of Bibipur, Police Station Sadar Khanna, District Ludhiana The robbery at my shop was committed by them at the instance of Manvir Billa, resident of Lallo Khurd, Police Station Amloh, District Fatehgarh Sahib, who had conspired with them. Earlier also, these persons used to loiter near my shop under different pretexts. The stolen money from my shop has been divided among all tiree of them. I request that strict legal action be taken against all the three accused. Since I am handicapped, upon my telephonic request, you have come to the spot along with my uncle (Chacha) Jora Singh son of Jangır Singh, resident of Kaka Colony, Ward No. 13, Mangarh Road, Amloh, District Fatehgarh Sahib. I have got my statement recorded, which has been read over to me and found correct. Legal action be taken accordingly. Sd/ Manpreet Singh.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 22.8.2025. Learned counsel has further submitted that the edifice of the FIR in question is that the robbery in question was committed by the petitioner along with his co-accused namely Satpal Singh @ Satta at the instance of Manvir @ Billa, but later on the ASHWANI KUMAR 2025.11.26 17:56 I attest to the accuracy and integrity of this document CRM-M No.58693 of 2025 -3- complainant has made a supplementary statement exonerating the said conspirator namely Manvir @ Billa. Learned counsel has further submitted that the said accused Manvir @ Billa has been accorded the concession of regular bail by the concerned Sessions Court. Learned counsel has further submitted that there is no tangible material available on record to connect the petitioner with the FIR in question. Learned counsel has further argued that requisite TIP (Test Identification Parade) was also not got conducted by the police. Learned counsel has further urged that the petitioner is a man with clean antecedents. Thus, 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 24.11.2025 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 22.8.2025 wherein after investigation was carried out and challan stands presented on 24.10.2025. Total 9 prosecution witnesses have been cited but none has been examined till date. It is, thus, indubitable that culmination of trial 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 ASHWANI KUMAR 2025.11.26 17:56 I attest to the accuracy and integrity of this document CRM-M No.58693 of 2025 -4- 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. As per custody certificate dated 24.11.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 months and 30 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 ASHWANI KUMAR 2025.11.26 17:56 I attest to the accuracy and integrity of this document CRM-M No.58693 of 2025 -5- 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 26.11.2025 Ashwanii Whether speaking/reasoned: Whether reportable: Yes/No Yes/No ASHWANI KUMAR 2025.11.26 17:56 I attest to the accuracy and integrity of this document