IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (cid:1)

(121) CRM-M-72733-2025 (O&M)

Date of decision : 20.02.2026 JASWINDER SINGH @ BHINDER ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Mitul Singh Rana, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab **** (cid:1)

MANISHA BATRA, J. (ORAL)

1. The instant one is the third petition that has been moved by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail in case arising out of FIR No.52 dated 24.06.2021 registered under Sections 336, 506, 34 of IPC; Section 25 of Arms Act and Section 4 of Explosive Substances Act (added later on) at Police Station Sherpur, District Sangrur. The previous two petitions as filed by him had been dismissed as withdrawn.

2. The aforementioned FIR was registered on the basis of the statement got recorded by the complainant Nirbhay Singh on 24.06.2021 alleging therein that his younger brother Malkeet Singh was married with Jaspaljit Kaur in the year 2017. Due to matrimonial discord having arisen between them, Jaspaljit Kaur and her family members lodged complaints against the family members of the complainant. In the year 2019, his brother Malkeet Singh had gone to USA. Jaspaljit Kaur had also settled in Philippine (Manila). His brother had informed him that on 18.06.2021, he had received WhatsApp messages and calls thereby threatening him. On 22.06.2021 also, he got a threat call and on asking of his brother, the complainant checked the main gate of his house and found a bullet to be piercing through the same. His brother had told about this fact through WhatsApp. By alleging that some unknown persons in order to frighten his family, had fired shots with pistol outside his house, he prayed for taking action in the matter.

3. After registration of FIR, investigation proceedings were initiated. Statements of material witnesses were recorded. During the course of investigation, one handgrenade was found on the roof of the residential house of the complainant which was diffused and was taken into possession and then was destroyed. Offence under Section 4 of the Explosive Substances Act was added. The accused Jaspreet Singh @ Nuppi who was arrested in connection with another case bearing FIR No.140 dated 04.07.2021 registered at Police Station City II, Khanna suffered disclosure statement about involvement of the present petitioner and himself in firing gunshots and throwing handgrenade on the roof of the house of the complainant. Both of them were nominated as additional accused and were arrested in this case on 23.07.2021. Investigation now stands concluded.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of co-accused which cannot be considered to be admissible in evidence. He was not named in the FIR. No incriminating article has been recovered from him. There is no material on record to link him with the subject offences under Section 4of the Explosive Substances act. The matrimonial dispute between the family members of the complainant has been exclusively criminalized leading to prolonged incarceration of the petitioner without any credible evidence linking him with the alleged offences. He is in custody for over a period of 04 years and 06 months. There are no chances of conclusion of trial in the near future as only 05 out of 22 prosecution witnesses have been examined so far. Merely because of the fact that he has been involved in some other cases, he cannot be denied concession of bail. With these broad submissions, it is urged that the petition deserves to be allowed.

5. Status report and custody certificate have been filed. Learned State counsel has argued that there are serious and specific allegations against the petitioner. He is a habitual offender. There are chances of his committing similar offences, if exte