The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.

JUDGMENT

Vikas Bahl, J. (Oral)

This is a second petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.81 dated 07.05.2022, under Sections 307, 353, 186 and 34 IPC; Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985; and section 25 of the Arms Act (offence under Section 473 IPC has been added later on), registered at Police Station Sadar Faridkot, District Faridkot.

2. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 14.05.2022 and out of 37 witnesses, none have been examined and even the charges have not been framed and thus, the trial is likely to take time. It is submitted that the previous bail application of the petitioner was dismissed as withdrawn on 19.01.2023 and even thereafter, subsequent time has elapsed yet no witness has been examined and the trial has not made any progress, thus, entitling the petitioner to file the present petition.

3. Learned counsel for the petitioner has argued that the petitioner was not named in the FIR, and as per the case of the prosecution, was neither apprehended at the spot, nor any recovery of pistol or narcotic drug has been effected from the petitioner. It is submitted that the petitioner has no link with the Etios Car in which four persons, who have been named in the FIR i.e., Kuldeep Singh @ Keepa, Sukhchain Singh @ Bhujia, Sukhmander Singh @ Kala and Sewak Singh, were travelling and were apprehended as per the case of the prosecution. It is stated that in the present case, no injury has been caused to any person, much less, the police officials and the petitioner is not an accused in the RPG attack case that took place in Mohali.

4. Learned counsel for the petitioner has further submitted that as per the challan dated 07.05.2022 (Annexure P-3), the petitioner has been implicated on the basis of the disclosure statement of co-accused Kuldeep Singh @ Keepa and the only allegation against the petitioner, as per the disclosure statement of accused Kuldeep Singh @ Keepa, is that the present petitioner had accompanied him to Madhya Pradesh at the time of bringing the weapons. It is reiterated that no recovery of any weapon or of any narcotic drug has been effected from the petitioner and there is no allegation against the petitioner to the effect that he was involved in the recovery of 1 kg. heroin, which was effected from the four persons, who were apprehended at the spot. It is, thus, submitted that the highest case against the petitioner would attract offences under Sections 25 & 27 of the Arms Act, regarding which also there was no recovery of any firearm from the petitioner. It is further contended that even the offences under Sections 307, 353 and 186 IPC, either stand alone, or with the aid of Section 34 IPC, are not made out against the petitioner, inasmuch as, it is not the case of the prosecution that there was any prior conspiracy/common intention of attacking the police party and in fact, as per the FIR, police apprehended four persons, who have been named in the FIR, when they were patrolling in order to check suspicious persons and the entire incident took place in the heat of the moment. It is further submitted that there is no material against the petitioner other than the disclosure statement of the co-accused, which in itself is not sufficient to convict the petitioner.

5. It is further submitted that co-accused of the petitioner, namely, Manpreet Singh @ Patwari and Gurjinder Singh @ Gurinder Singh @ Baba have already been granted the concession of regular bail by this Court, vide order dated 25.09.2023 in CRM-M-46055-2023 and CRM-M-23220-2023 respectively.

6. On the other hand, learned State Counsel has opposed the present petition for grant of regular bail and has submitted that as per the version given in the FIR, the police party were in a Government Vehicle for checking and patrolling suspicious persons and activities of gangsters and at about 7.30 p.m., it was