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HARPREET SINGH BRAR
Gurlal Singh @ Billu Bakra – Appellant
Versus
State of Punjab – Respondent
HARPREET SINGH BRAR, J.
1. The present petition has been filed under Section 439 Cr.P.C. seeking regular bail in a case bearing FIR No.89 dated 10.05.2023 under Sections 379-B(2)/34 of IPC and Section 411 of IPC added later on registered at Police Station Chheharta District Amritsar Commissionerate.
2. Brief facts of the case are that on 10.05.2023 at about 09:15 P.M., the complainant was going to his poultry farm by Activa and on the way three persons came on motorcycle, out of which, one person gave kick blow to his Activa due to which, he fell on the side of the road. The complainant pulled his 30 bore pistol and when he was about to fire, one assailant gave datar blow on his hand due to which, pistol fell down. The another assailant gave datar blows on his left hand, left arm, face and back and thereafter, assailants took his pistol, Activa and ran away from the spot. In the diggy of the Activa, there was cash amount of Rs.1,50,000/-, cheques, ATM Card, documents etc. and thus, the present FIR was got registered.
3. Learned counsel for the petitioner inter alia contends that the petitioner is not named in the FIR and he has no connection with the alleged incidence. The recovery of
The main legal point established is that in considering a petition for regular bail, the court should take into account the likelihood of a prolonged trial, lack of evidence establishing the accused'....
Prolonged detention of an undertrial prisoner without trial violates rights under Article 21 of the Constitution, warranting bail.
Prolonged detention without trial violates Article 21 rights; co-accused receiving bail strengthens the case for bail.
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