IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.-

CRM-M-57513-2025 (O&M) Date of Decision : 11.02.2026 Kirpal Singh @ pala ....Petitioner State of Punjab ....Respondents CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. H.S.Sidhu, Advocate for the petitioner.

Mr. H.S.Wadhwa, DAG Punjab.

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MANDEEP PANNU J. (Oral)

1. This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail in FIR No. 162 dated 13.12.2019, registered under Sections 307, 224, 332, 353, 186, 130, 148, 149, 201, 483, 411, 120-B IPC, 1860 and Section 25 of the Arms Act, 1959 at Police Station Moonak, District Sangrur, during the pendency of the trial.

2. As per the prosecution version, on 13.12.2019, ASI Baldev Singh along with other police officials was escorting under-trial prisoner Bhagwan Singh @ Gaggi from Central Jail, Bathinda to the Court at Moonak. After production in Court, while returning, a Brezza car bearing No. PB-05-AG-6605 intercepted them near the court complex at Moonak. 4–5 unidentified persons allegedly opened fire at the police party with the intention to rescue accused-Bhagwan Singh @ Gaggi. During the occurrence, one police official sustained a bullet injury and accused Bhagwan Singh @ Gaggi was forcibly freed from police custody by the assailants, who fled from the spot along with him. The present FIR was registered on the basis of the statement of ASI Baldev Singh.

3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner was neither named in the original FIR nor is there any allegation of his direct involvement therein. His name has surfaced only on the basis of the disclosure statement of a co-accused, who himself was not named in the FIR, which disclosure statement has no evidentiary value.

4. It is further argued that at the time of the alleged occurrence, the petitioner was already in judicial custody and, therefore, the question of his participation in the alleged incident does not arise. The petitioner was subsequently arrested in the present case on production warrants. No recovery has been effected from the petitioner and no specific overt act has been attributed to him.

5. Learned counsel further submits that co-accused, including Bhagwan Singh @ Gaggi and others, have already been granted the concession of regular bail and the case of the petitioner is on parity with them. The petitioner is in custody since 19.12.2019, the investigation stands completed, report under Section 173 Cr.P.C. has been presented and the trial is likely to take considerable time for its conclusion. It is, thus, prayed that the petitioner be released on regular bail.

6. Learned State counsel has filed a detailed status report, which is taken on record and has opposed the bail application. It is contended that the present case pertains to a grave and serious offence wherein the accused, in furtherance of a pre-planned criminal conspiracy, facilitated the escape of under-trial prisoner Bhagwan Singh @ Gaggi from police custody by firing upon the police party, resulting in injuries to a police official. It is submitted that the petitioner Kirpal Singh @ Pala played a specific role in hatching the conspiracy for rescuing the accused from lawful custody and was subsequently nominated on the basis of material collected during investigation. The vehicle used in the crime was found affixed with a fictitious number plate and further offences were added during investigation. It is further contended that the petitioner has a long criminal history, with as many as 45 other criminal cases registered against him, reflecting his habitual involvement in serious offences. Though the petitioner is in custody for the last 5 years and 8 months, learned State counsel submits that keeping in view the gravity of the offence, his criminal antecedents and the role attributed to him in the present case, he is no