Bail granted on account of prolonged custody and lack of witness examination, emphasizing fair trial rights.

JUDGMENT :

JASJIT SINGH BEDI, J.

This order shall dispose of two petitions bearing No.CRM-M- 54681-2025 titled as Amritpal Singh Versus State of Punjab and CRM-M- 54113-2025 titled as Lakhvir Singh Versus State of Punjab as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRM-M-54681-2025.

2. The prayer in the present petitions under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.07 dated 06.01.2025 (Annexure P-1) registered under Sections 103(2), 61(2), 190 & 191(3) of BNS , 2023 at Police Station Phillaur, District Jalandhar Rural.

3. The present FIR came to be registered at the instance of Seema Rani W/o Jagtar Singh and the same reads as under:-

“Statement of Seema Rani wife of Jagtar Singh son of Jasvir Singh resident of Village Akalpur, Police Station Phillaur, District Jalandhar, aged 32 years, mobile No.62843-60509. Stated that I am resident of the above address and I do household work. On 05.01.2025 at about 07:30 PM I am my husband Jagtar Singh and my daughter and son were present at our house. My husband received a telephonic call. After hearing the telephone, he started to go out. On this I asked him as to who has called him. He informed that Tejinder Singh alias Goli son of Atma Singh resident of Akalpur had given the telephonic call and he will return back after meeting him. However I also started following him. My husband reached near Shaheed Bhagat Singh Stadium Akalpur where Iqbal Singh son of Girdhari Lal resident of Akalpur runs a fish shop. Many people have gathered there. Rajvir Singh alias Raju, Ajminder Singh alias Nana son of Gurdial Singh and Amritpal Singh son of Avtar Singh, Ravinder Singh son of Kewal Singh and Lakhveer Singh whose father name is not known to me, all residents of Bakapur and 5-7 unknown identified persons whose address are not known to me, came running towards my husband on seeing my husband Jagtar Singh. My husband Jagtar Singh already was acquainted with them. I also know them because the above said persons drink liquor while sitting at the shop of Iqbal Singh. The residents of the village had stopped them on numerous occasions. They suspected my husband for this. My husband in order to save his life ran towards the door of the shop on the side of the village. The above said persons started pelting stones and bricks on my husband and Rajvir Singh alias Raju and Ajminder Singh alias Nana gave brick blows on the head of my husband Jagtar Singh. My husband fell in the street. The above said persons gave kick blows on the chest and back of my husband while he was lying down. My husband immediately became unconscious. When I raised noise, all the above said persons escaped from the spot on their motorcycles. I, Babu resident of our village and son of Gurmukh Chowkidar and son of Bholu reached Civil Hospital Phillaur on a vehicle where doctor referred my husband to DMC Ludhiana where he died. The dead body of my husband has been kept at Civil Hospital Phillaur. The above said persons under a conspiracy with a common intention by giving injuries on the head of my husband, have killed him. I had seen saria and iron rods in the hands of the persons who had killed my husband. This incident was seen by Tejinder Singh alias Goli son of Atma Singh and Iqbal Singh son of Girdhari Lal residents of Akalpur with their naked eyes. Action as per law may be taken against the above said persons. I have got recorded my statement in the presence of Tarlochan Singh son of Late Sarwan Singh resident of Atta police station