IMPORTANT POINT
Bail is the rule, not the exception, especially when there is no incriminating evidence and the accused has significant medical issues.

JUDGMENT :

Mr. Sandeep Moudgil, J.

The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked seeking regular bail to the petitioner in case FIR No. 130, dated 21.10.2015 (Annexure P-1), under Sections 302, 307, 34 IPC (Offence under Sections 201, 218 and 120-B IPC added later on) and Sections 25 and 27 of Arms Act, 1959 (under Sections 166-A, 194, 195 and 109 added vide order dated 10.03.2021) registered at Police Station Bajakhana, Ditrict Faridkot.

2. The contents of the FIR reads as under:-

Summary of Case F.I.R. No. 130 dated 21.10.2015. U/s. 302, 307, 34 IPC, 25/27/54/59 Arms Act - Police Station Bajakhana, District Faridkot:- “From Director, Bureau of Investigation-Cum-Chairman, Special Investigation Team, Punjab, Chandigarh. To The Senior Superintendent of Police, Faridkot. No. 318/PA/DIR/BOI Dated: Chandigarh, the 21.10.2015. Subject: Regarding registration of F.I.R. in connection with firing incident took place at village Behbal, Police Station Bajakhana, District Faridkot. 1. Kindly pay your kind attention to the subject cited above. 2. The Director General of Police, Punjab issued order No. 1306/Crime-E-3 dated 14.10.2015, on which, F.I.R. dated 12.10.2015 - Police Station Bajakhana, District Faridkot registered for committing disrespect to Sri Guru Granth Sahib Ji and hurting the religious sentiments of people. A Special Committee, comprising of Investiaation following officers, formed for investigation of said case: i) Sh. Iqbal Preet Singh Sahota, IPS, Director, Bureau of Investigation, Punjab (Chairman): ii) Sh. Amar Singh Chahal, I.P.S.,D.I.G., Ferozepur Range, Ferozepur (Member) ; iii) Sh. R.S. Khatra, IPS, D.I.G. Bathinda Range, Bathinda (Member). 3. The Special Investigation Team arrived at Faridkot on 16.10.2015 and | conducted investigation. The circumstances regarding Police firing at village Behbal examined and relevant record gone through. 4. It is revealed by Special Investigation Team that two persons, namely Krishan Bhagwan Singh son of Mohinder Singh & Gurjit Singh son of Sadhu Singh had died during Police firing. The said Police party was deputed under observation of Sh. Charanjit Singh, S.S.P., Moga. It reveals from Post- mortem report of said deceased persons that they received gunshot. It also transpired from examination of circumstances that some people are of the opinion that a murder case may be registered in this matter and further investigation may be conducted. Hence the case requires to be deeply investigated. As such, you are hereby directed that an F.I.R. Us.302, 307, 34 IPC, 25, 27, 54, 59 Arms Act be registered and thorough investigation be conducted for bringing actual facts to notice, so that due legal action may be taken against accused and justice may be provided. Special Investigation Team will supervise investigation in this case. Sd/- Iqbal Preet Singh Sahota, Director, Bureau of investigation-Cum-Chairman, Special Investigation Team, Punjab, Chandigarh. S.H.O., Police Station Bajakhana, for necessary action. Sd/- Sukhminder Singh Maan, Senior Superintendent of Police, Faridkot. Dated: 21.10.2015. Today at Police Station: On receipt of above noted letter, the above said case under above mentioned offence is registered against above given accused. A copy of F.I.R. alongwith original letter is retained by me, S.I./S.H.O. for conducting further investigation. Special reports are being sent to Ld. Illaga Magistrate and senior officers through H.C. Harbhagwan Singh 847. Intimation to Police Control Room is being sent separately. Entered vide DDR No.29 at 9.20 P.M.

3. Mr. R.S. Rai, learned Senior Counsel for the petitioner has contended that he has been falsely implicated in the present case. He has further contended that on 07.09.2015 order was passed by the Deputy Commissioner, Faridkot, imposing restriction under Section 144 Cr.P.C. from 08.09.2015 till 15.11.2015. It is submitted on behalf of the petitioner that on the direction of Sh. Paramraj Singh Umranangal IPS, th