Manpreet Alias Mani v. State of Punjab

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

26.11.2023 Nakodar Sadar, District Jalandhar Rural Punjab 341, 323, 324, 458, 506, 308, 148, 149 IPC and 201 IPC added later on

¶1The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 12 of the bail petition, the accused declares that he has no criminal antecedents, however as per custody certificate dated 15.03.2025, the accused has the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station

13.12.2020 379B(2), 34 IPC Shahkot

01.04.2021 379-B/149/411 IPC Division 5, Jalandhar

11.11.2021 379B/34 IPC and 25/54/59 of Arms Act Kabirpur

09.06.2022 457, 380, 511, 34 IPC City Nakodar

09.07.2023 326, 324, 323, 506, 34, 201 IPC Sadar Nakodar

¶3The facts and allegations are being taken from translated copy of FIR, which reads as follows: "Statement of Pardeep Singh son of Gurdev Singh resident of Bal Nou

P.S. Sadar Nakodar aged about 24 years Phone No. 99148-74118 has stated that I am the resident of the above mentioned address and I am an agriculturist. On 25.11.2023 at about 09:30/10 PM I was coming to my house from my well and the DJ for the marriage of Manpreet @ Mani son of Karam Singh resident of Bal Nou P.S. Sadar Nakodar was being played in the street and I turned towards my house from the street then a little before my house some of the relatives of Manpreet @ Mani were smoking and were hurling abuses near that place when I reached near them they stopped me and started hurling abuses and as said persons were drunk I went inside my house and after some time Mani armed with danda, son of maternal aunt of Mani armed with baseball, second son of maternal aunt of Mani armed with rod, brother in law (jeeja) of Mani armed with kirpan, second brother in law (jeeja) of Mani armed with dattar, son of maternal uncle of Mani armed with dang and second son of maternal uncle of Mani armed with hathia along with their unidentified relatives, forcibly entered in my house and Mani raised lalkara to catch hold of me and not to spare me then son of maternal uncle of Mani gave a dang blow which hit me on my nose and Mani gave a danda blow on my head with an intention to kill me and the other assailants threw me on the ground and gave me fists and kick blows and in the meanwhile my mother Gurdish Kaur told about the occurrence to Bagicha Singh and Palvinder Singh on the phone and Palvinder Singh came after some time on the spot and tried to save me from them but Mani gave a danda blow to Palvinder Singh which hit him on his head, son of maternal aunt of Mani gave a baseball blow on his forehead, brother in law of Mani gave a transverse kirpan blow on his nose and second brother in law of Mani gave a dattar blow on his lips and we raised alarm of maar ditta maar ditta and on seeing the same Bagicha Singh and other persons approached the spot when the assailants ran away from the spot with their respective weapons. Then Bagicha Singh arranged for a vehicle and took us to the CH Nakodar where the Doctor referred us to Civil Hospital Jalandhar because of us being badly injured where we are undergoing treatment. Appropriate legal action be taken against the said accused persons. This statement is being given in the presence of Palvinder Singh son of Avtar Singh resident of Bal Nou P.S. Sadar Nakodar District Jalandhar. Statement written read over heard and is correct. Sd/- Pradeep Singh, Attested/- Palvinder Singh Sd/-Janak Raj ASI, PS Sadar Nakodar, dated 26.11.2023."

¶4The petitioner's counsel submits that the matter has been compromised between

the parties. He further prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

¶5The State's counsel opposes the bail.

¶6Counsel for the complainant submitted that he has no objection if bail is granted to the petitioner. REASONING:

¶7Matter stands compromise between the parties. Per paragraph 4 of the bail petition, the petitioner has been in custody since 20.12.2024. Per the custody certificate dated 15.03.2025, the petitioner's total custody in this FIR is 02 months & 23 days. However, there are serious allegations of assault against the petitioner, but considering the fact that matter has been compromised, this Court is not denying the bail.

¶8Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail.

¶9Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the petitioner shall mention the following personal identification details:

¶1AADHAR number

¶2Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶11The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶12This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶13Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶14A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

¶15Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA)

JUDGE

25.03.2025 anju rani

No.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 17.03.2025 Pronounced on: 25.03.2025 Manpreet alias Mani ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Arpan Sabharwal, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab. Mr. Rahul Garg, Advocate for the complainant and victim. ****