Gurpal Singh v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 170 08.11.2024 City Gurdaspur, 118(1), 191(3), 190 of BNS District Gurdaspur

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2In paragraph 08 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts of the case are being taken from typed copy of FIR (Annexure P-1), which reads as follows: "Statement of Rajbir Singh son of Ravel Singh resident of Dhariwal Khichiya, police staton Purana Shalla, aged 22 years Mobile No.76961-xxxxx stated that I am a resident of the said address and I am studying at Campus University Gurdaspur. On 30.10.24, I went alongwith my friend Sahil on my motorcycle to get the fuel from Behrampur Road Gurdaspur petrol pump. When I tried to get the fuel from the petrol pump then three boys came on a Bullet motorcycle and stopped nearby me. In the meantme, some other boys also came on one Actva scooter and a motorcycle Splendor and stood near the Bullet motorcycle. When all of them gathered, then all of them were having da5ar, baseball and kirpans order/judgment. 1 and I also recognised some of them. When a7er ge8ng the fuel I tried to go out from the petrol pump then in the meanwhile Mohit son of Sushil Kumar r/o Prem Nagar Gurdaspur who came to me and gave his da5ar blow upon my head which was tried to stop by me by raising my le7 arm then da5ar blow hit a li5le behind of joint of my le7 arm and Karan son of Nirmal Singh, resident of Prem Nagar, Gurdaspur, who raised lalkara and said to catch hold of me and don't let me go then Gurpal Singh son of Kuldeep Singh, resident of Jail Road, Gurdaspur, started hi8ng my right leg with the baseball having in his hand and Joban son of Bhola Masih resident of Prem Nagar Gurdaspur, started hi8ng my waist with the handle of kirpan he was holding in his hand and I fell on the ground. Then Rajid son of Surinder Kumar, resident of Prem Nagar, Gurdaspur, in my fallen conditon, started hi8ng me with the legs and fist blows then my friend Sahil son of Dalip, resident of Mana, who came with me, tried to get me free from these boys. Then all of them started scuffling with him and beatng him. Then I raised noise of mar dita, mar dita. Then in the meantme, people started gathering then on seeing this, the assailants fled away from the spot alongwith their respectve weapons. Due to receiving excess injury li5le behind on the joint of my le7 arm, I became badly injured then my friend Sahil arranged the vehicle and got me admi5ed at the Civil Hospital in Gurdaspur. The bone of contenton is that few months ago they had quarrelled with my friend Sahil fight broke out and in that regard ma5er was also compromised with these boys but these boy again a5acked me and caused injuries to me. I got discharged from the Civil Hospital in Gurdaspur on 4.11.24. Legal acton should be taken against the said boys. xxxx xxxx"

¶4Counsel for the pettoner seeks bail on the ground that the incident had taken place on 30.10.2024, whereas, the FIR was registered on 08.11.2024 i.e. a=er the delay of 09 days and the delay was sufficient to introduce false story.

¶5The pettoner's counsel prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family.

¶6The State's counsel opposes bail and refers to the status report.

¶7It would be appropriate to refer to the following portons of the status report, which read as follows: order/judgment. 2 "12. ROLE OF THE PETITIONER It is submi5ed that pettoner Gurpal Singh was armed with baseball bat and he gave blows therewith on the right leg of the complainant. The offence under Secton 118(1) BNS is made out against the pettoner."

¶8The allegatons against the pettoner-Gurpal Singh are that he was armed with baseball bat and gave blows on the right leg of the complainant. Given the fact that the pettoner did not aBack on the vital part of the complainant and he has clean antecedents, considering it is appropriate to afford him a chance to course correct and in such background, this Court is inclined to grant bail to the pettoner.

¶9Pre-trial incarceraton should not be a replica of post-convicton sentencing. The evidence might be prima facie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶10Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegatons and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage.

¶11The pettoner's bail shall not be treated as a precedent for grantng bail to the other co-accused with a higher role.

¶12Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail. This order shall come into force from the tme it is uploaded on this Court's official webpage.

¶13Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the maBer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶14While furnishing a personal bond, the pettoner shall menton the following personal identficaton details: order/judgment. 3

¶1AADHAR number

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

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶15This order is subject to the pettoner's complying with the following terms. The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner 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.

¶16The pettoner is directed to join the investgaton within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investgator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶17In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this FIR, and if the new secton prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶18This bail is conditonal, and the foundatonal conditon is that if the pettoner indulges in any non-bailable offense, the State shall file an applicaton for cancellaton of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶19Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶20A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the order/judgment. 4 official web page of this Court and aBest it to be a true copy. If the aBestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aBestng bonds.

¶21Pe11on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

27.01.2025 Jyot-II Whether reportable: No. order/judgment. 5

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 16.01.2025 Pronounced on: 27.01.2025 Gurpal Singh ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Manoj R. Sharma, Advocate for the pettoner. Mr. Jasjit Singh, DAG, Punjab. ****