IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gurtej Singh ….Petitioner Versus State of Punjab ….Respondent Date of Decision: February 18, 2026 Date of Uploading: February 18, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Lakhwinder S. Sidhu, Advocate for the petitioner.

Mr. Adhiraj Singh Thind, AAG Punjab.

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SUMEET GOEL, J. (ORAL)

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.34 dated 17.07.2023, registered for the offences punishable under Sections 302, 323, 324, 148, 149 of the Indian Penal Code, 1860 (for short ‘IPC’) (Sections 307, 427, 120-B of the IPC added later on), at Police Station Dharamgarh, District Sangrur.

2. The gravamen of the allegations against the petitioner is that the complainant, Balvir Kaur, wife of Rajwinder Singh @ Raju, son of Sukhdev Singh, resident of Maidebas, made a statement before the police on 16.07.2023 stating that she was married to Rajwinder Singh about 11 years ago, and out of their wedlock, a male child namely Tanvir Singh, aged about 9 years, was born. She stated that her husband Rajwinder Singh was the elder brother, while Kala Singh was his younger brother, and both were agriculturists.

On 16.07.2023, in connection with some household work, her husband and brother-in-law had gone in their car bearing registration number PB-08-AK-4281. At about 5:30 p.m., when they returned and reached near their house, the complainant came out to open the gate on hearing the horn of the car. At that time, her husband Rajwinder Singh was driving the car and his brother Kala Singh was sitting on the front passenger seat. Suddenly, their neighbours, namely Gurtej Singh son of Jaggar Singh, armed with a kirpan (sword); Kulwinder Singh @ Sunny son of Gurtej Singh, armed with a kirch Gurwinder Singh son of Gurtej Singh, armed with a kirpan; Happy (petitioner herein), armed with a kirpan; Bantu, armed with a kirch; along with 5–6 other unknown persons, all armed with sharp-edged weapons, attacked her husband and brother-in-law while they were still seated in the car. The assailants forcibly pulled both of them out of the vehicle and, with the intention to kill them, inflicted multiple blows with sharp-edged weapons on Rajwinder Singh @ Raju and Kala Singh. Both victims, profusely bleeding, fell to the ground.

Upon raising alarm and seeing people gathering at the spot, the assailants fled away along with their respective weapons. The complainant, with the help of the persons present there, arranged a vehicle and shifted her husband and brother-in-law to Civil Hospital, Sunam. However, her husband Rajwinder Singh @ Raju succumbed to his injuries on the way, and his dead body was kept in the mortuary at Sunam. Due to the serious injuries suffered by Kala Singh, he was referred to Rajindra Hospital, Patiala. She further stated that the motive behind the occurrence was a prior dispute. Earlier, a fight had taken place between her family and the family of Gurtej Singh, and on the night of 15.07.2023, a quarrel had again occurred between her husband, her brother- in-law, and Gurtej Singh and others. Due to this existing enmity, the accused persons murdered her husband and caused serious injuries to Kala Singh with the intention to kill him.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 18.07.2023. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the petitioner is in custody for more than 02½ years and prime private prosecution witnesses, namely, Kala Singh and Balvir Kaur stand examined. Learned counsel has further iterated that the petitioner is a man with clean antecedents. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the p