IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-58003-2025 (O&M) Date of decision : 20.02.2026 Harish Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Harpreet Maini, Advocate for the petitioner.

Ms. Ruchika Sabherwal, Senior DAG, Punjab.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No.12 dated 27.01.2024, registered under Sections 302, 307, 325, 323, 506 and 34 of IPC and Sections 25 and 27 of the Arms Act, 1959 at Police Station Malout, District Sri Muktsar Sahib.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that on 26.01.2024, after receipt of an information by ASI Prabhjot Singh regarding admission of injured Kulwinder Singh in Civil Hospital, Malout due to sustaining firearm injuries, a police party immediately reached there. The statement of injured Kulwinder Singh could not be recorded as he was declared unfit to make any statement by the treating doctors. Thereafter, the statement of complainant Gurpreet Singh was recorded, who alleged that on the same day, he was present at village Aulakh along with his family in connection with a marriage fixed in the family of his maternal father-in-law Kulwinder Singh. It was alleged that Kulwinder Singh had pending freight charges to be received from the present petitioner, who was running a sand and gravel business at village Aulakh. On the said day, Kulwinder Singh contacted the petitioner on telephone and requested release of the pending amount, whereupon the petitioner abused him and asked him to come to his shop. Thereafter, at about 2.30 p.m., the complainant and Kulwinder Singh went to the shop of the petitioner and Manish Chhabra. The petitioner was present inside the shop, while co-accused Manish Chhabra was standing outside. When Kulwinder Singh questioned petitioner about the abusive language used on the phone, both the accused became furious and started abusing them. During the course of the altercation, co-accused Manish Chhabra allegedly took out a pistol from his pocket and, with an intention to kill, fired a shot at Kulwinder Singh, which struck him on the left side of his abdomen. The complainant and the injured then ran out of the shop. It is further alleged that the petitioner raised a loud alarm threatening to teach them a lesson for demanding the pending freight charges, chased Kulwinder Singh, pushed him to the ground and fired another shot at him, which hit him near the upper side of his right ear, causing him to lose consciousness. Both the accused thereafter fled from the spot with their pistols towards the bus stand of village Aulakh. In the meantime, several persons from the locality gathered at the spot. The complainant arranged a vehicle and took the injured Kulwinder Singh to Civil Hospital, Malout, from where, after first aid, he was referred to GGS Medical College, Faridkot. Initially, a case under sections 307, 325, 323, 506 and 34 of IPC and Sections 25 and 27 of the Arms Act, 1959 was registered. Injured Kulwinder Singh succumbed to the injuries on 01.02.2024. Accordingly, offence under Section 302 of IPC was added. The petitioner was arrested on 02.02.2024. Co-accused Manish Chhabra was also arrested on the same day. They suffered disclosure statements admitting their involvement in the subject crime. Investigation now stands completed and challan has been filed. The petitioner along with the co-accused is facing trial for commission of aforementioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 02.02.2024. He has clean antecedents. The complainant Gurpreet Singh has stepped into witness box as PW-6 before the learned trial Court and has not supported the prosecution version. He was declared hostile.