The court ruled that bail cannot be granted when witness testimonies are pending and the accused's involvement in a serious crime is established.

ORDER :

CHANDRA PRAKASH SHRIMALI, J.

1.These applications for bail under Section 483 of BNSS (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.249/2024, registered at Police Station Hindumalkot, District – Sri Ganganagar for offences under Sections 103(1), 189(2), 190 & 191(2) of the BNS.

2. Learned counsel for the petitioners submits that he does not want to press the bail application qua accused-petitioner Chhinda (in S.B. Criminal Miscellaneous Bail Application No. 3805/2025) and seeks a liberty to file fresh bail application after recording of the statements of the eye-witnesses and the Doctor.

3. Accordingly, the bail application qua accused-petitioner Chhinda (in S.B. Criminal Miscellaneous Bail Application No.3805/2025) is dismissed as not pressed with a liberty to file fresh bail application after recording of the statements of the eye-witnesses and the Doctor.

4. Learned Trial Court is expected to record the statement of the eye-witnesses and the Doctor expeditiously.

5. Heard learned counsel for the petitioners and the learned Public Prosecutor on the applications for bail filed on behalf of the accused Sona Singh, Gurmej Singh @ Meju, Angrej Singh @ Geju and Makkhan Singh. Perused the material available on record.

6. Learned counsel for the petitioners submitted that as per the case of the prosecution, the complainant Raju S/o Malkeet Singh has given a written report to the effect that on 12.10.2024 at abour 8:30 pm, his brother Gurpreet Singh @ Goru was called by the accused Goru on the pretext of repairing of the motorcycle of Rinku near Panjava Pul (bridge). On which he went there. They tried to repair the motorcycle but in vain. Thereafter they went to the house of Pooja who is the girlfriend of Rinku for giving her mobile phone. On knowing this, accused Sukhdev Singh (the father of Pooja), Angrej Singh, Chhinda Singh and six other relatives in collusion with each other attached on Gurpreet Singh @ Goru (the brother of the complainant) and his friends. Gurpreet Singh @ Goru was beaten mercilessly and he succumbed to the injuries. Learned counsel for the petitioners argued that accused-petitioners have been falsely implicated in the present case. The whole story of the prosecution is concocted. Accused-petitioners are not at all involved in the assault.

7. Learned counsel for the petitioners further submitted that the charge-sheet has been filed in the matter and the accused- petitioners are in judicial custody since long and the trial of the case will take sufficiently long time, therefore, the accused-petitioners may be enlarged on bail.

8. Per contra, learned Public Prosecutor vehemently opposed the bail application and submitted that accused-petitioners armed with Lathis and Danda have assaulted on the Gurpreet Singh @Goru, the brother of the complainant and they mercilesslly beaten him and committed murder of Gurpreet Singh @ Goru. At the instance of accused Angrej Singh, Sonu Singh and Gurmej Singh blood stained lathis have been recovered. A blood stained Iron Punch has recovered at the instance of accused Chhinda Singh. At the instance of the accused Angrej Singh a motorcycle was also recovered. Gurpreet Singh S/o Trilok Singh, in his statement recorded under Section 183 of BNSS stated that five persons were beating to Gurpreet (deceased) with the rod, iron punch and lathis who disclosed their names as Angrej Singh, Gurmej Singh, Sona Singh, Makkhan Singh & Chhinda Singh. There is active involvement of the accused-petitioners in the commission of the crime. The eye-witnesses are yet to be examined. Therefore, he prayed that looking to the gravity of the offence, benefit of bail may not be extended to the petitioners.

9. This Court finds that at this stage, when the eye-witnesses and other relevant prosecution witnesses are yet to be examined, it cannot be said that the accused has not committed any offence. The involvement of the accused in the commission of offence