IN THE HIGH COURT OF PUNJAB AND HARYANA
ANOOP CHITKARA, J.
Suraj Singh @ Noni - Appellant
Versus
State of Punjab - Respondent
CRM-M No. 42577 of 2024
Decided On : 25-09-2024
JUDGMENT :
Mr. Anoop Chitkara, J.:-
| FIR No. | Dated | Police Station | Sections |
| 139 | 11.07.2024 | Islamabad, Distt. Amritsar | 111, 310(4), 310(5) of BNS and Sections 25, 27 Arms Act, 1959 (Act No. 54 of 59) |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 12 of the bail petition, the accused has the following criminal antecedents:
| Sr. No. | FIR No. | Date | Offences | Police Station |
| 1. | 45 | 15.05.2016 | 394, 379-B(2)/411 IPC | Islamabad, Amritsar |
| 2. | 102 | 26.04.2024 | 323, 324, 326, 427, 148, 149 IPC | Gate Hakima, Amritsar |
3. The petitioner’s counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
4. The State’s counsel opposes bail and refers to the reply.
5. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
“4. That it is submitted that according to the report submitted by SHO PS Islamabad, Amritsar the present FIR No. 139 dt. 11.07.2024(supra) was registered on the basis of secret information against six accused persons namely (i) Rahul xxx, (ii) Karan Singh @ Tidda xxx, (iii) Sukhdeep Singh @ Gori xxx, (iv) Abhay Sharma @ Arav xxx, Kishankot, xxx, (v) Raghav Kumar xxx, Kishankot, Amritsar, (vi) Ramesh Kumar xxx that the above said persons have formed a gang, who are habitual of vehicle theft, committing extortion, dacoities, drug peddling and having in their possession of illegal weapons. They were staying on that day i.e. on 11.07.2024 in rented room in Hotel Roopa opposite Subash Juice Bar, Sikandari Gate, Amritsar and have gathered there for planning to commit some big crime of dacoity and they have illegal weapons. If raid is conducted with police party then they can be apprehended with illegal weapons.
5. That it is submitted that in pursuance to the aforementioned information, Sub Inspector Jasbir Singh along with other police officials conducted raid at room No. 208 of Hotel Roopa International. The following accused persons were apprehended from that place and following recoveries were made from their conscious possessions and videography at the place of occurrence was made as per provisions of Section 176 BNSS:
| Sr. No. | Name of accused | Recovery effected |
| 1 | Sukhdeep Singh xxx | One country made pistol .32 and 05 live cartridges of .32 bore |
| 2 | Karan Singh @ Tinda xxx | One country made pistol .12 bore and 2 live cartridges of .12 bore |
| 3 | Abhay Sharma @ Aarav xxx | Mobile Phone |
| 4 | Raghav S/o Ramesh Kumar xxx | Mobile Phone |
| 5 | Ramesh @ Arun xxx | Mobile Phone |
6. That it is submitted that all the aforementioend accused persons were produced before the Court of LD Illaqa Magistrate, Amritsar and their police remand for 4 days was granted by the learned Magistrate. That during remand, the co-accused Karan Singh @ Tinda made disclosure statement dated 15.7.2024 before the Investigating Officer that the country made pistol.12 bore with 02 cartridges recovered from him, were purchased by him from his school friend Pardeep Singh @ xxx. He contacted him on his Instagram ID gill_p307(Karan Gill) about one year ago and asked him regarding purchase of illegal weapon then the above said Pardeep Singh @ Kaka had called him and his friend Suraj Singh @ Noni (present petitioner) to Mahal Bye pass one year ago and had sold him one country made pistol .12 bore with cartridges in Rs. 45,000/-. Thereafter he along Suraj Singh @ Noni present petitioner had committed many snatchings-robberies at different places. The present petitioner Suraj Singh @ Noni had borrowed the above said country made pistol.12bore and cartridges from hi
AI
Anticipatory bail granted due to lack of prima facie admissible evidence justifying custodial interrogation under organized crime allegations.
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
Bail – Petitioner cannot be detained in custody based on a statement made by co-accused or confession made by him, as they are not legally admissible.
Anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in serious drug-related offences, where custodial interrogation is necessary for a proper investigation.
Co-accused's confessional statement to police inadmissible against petitioner; financial transactions insufficient for prima facie nexus in commercial quantity NDPS case, satisfying Section 37 twin c....
The central legal point established in the judgment is the need for prima facie satisfaction of the Court in support of the charge, the inadmissibility of a confession made by a co-accused, and the l....
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
Anticipatory bail under Section 438 of Cr.P.C. should be granted sparingly, especially in serious narcotics cases where the applicant's release may impede ongoing investigations.
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