Anticipatory bail granted due to lack of prima facie admissible evidence justifying custodial interrogation under organized crime allegations.

JUDGMENT :

Mr. Anoop Chitkara, J.:-

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:

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:

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