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2025 Supreme(Online)(P&H) 9589

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAHUL ALIAS GOPI – Appellant
Versus
STATE OF PUNJAB – Respondent



##PAGE1##

CRM-M-48269-2025 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

139-1 CRM-M-48269-2025

Decided on : 24.03.2026

Rahul alias Gopi . . . Petitioner(s)

Versus State of Punjab . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: Mr. B.D. Sharma, Advocate for the petitioner(s).

Mr. Manjinder S. Bhullar, DAG, Punjab.

****

SANJAY VASHISTH, J. (Oral)

1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising

out of First Information Report, as detailed here-under:-

Name of FIR Date Section(s) Police District Petitioner(s) No. Station

Karanpreet 137 07.08.2021 307, 324, 341, 148, 149, 109 ofShahkot Jalandhar Singh @ IPC, 1860 Rural Kittu [S. 302 of IPC was added

subsequently vide DDR No.3, dated 08.08.2021]

2. Incident in question took place on 06.08.2021 at about 5:00 PM and the FIR was registered on 07.08.2021 at the instance of Goldy, mother

of the deceased Rohit Singh.

As per the allegations in the FIR, six accused were named and

their roles are detailed as under:-

Sr. Name Role No.

i. Rahul Kalyan @ Armed with datar. Hit on front side of JAWALA RAM

2026.03.25 20:56 I attest to the accuracy and authenticity of this document

##PAGE2##

CRM-M-48269-2025 - 2 -

After completion of investigation, accused Rahul Kalyan @

Kalu, Suraj Haldi, Manga Mattu, Balwinder Singh @ Rinku Mattu and karanpreet Singh @ Kittu were declared innocent. However, by adding two other accused, namely Sanju @ Dhol and Inderpal Singh @ Raja, three accused were challaned, namely Rahul @ Gopi, Sanju @ Dhol and Inderpal

Singh @ Raja.

3. By referring order dated 08.11.2023, passed in CRM-M-54826- 2023, order dated 27.07.2023, passed in CRM-M-22109-2023 (O&M), and order dated 09.10.2023, passed in CRM-M-49785-2023, learned counsel for the petitioner submits that co-accused Sanju @ Dhol, Manga Mattu and others, as well as Inderpal Singh @ Raja, have already been granted the

concession of regular bail by the then Coordinate Bench of this Court.

4. It is further submitted that even co-accused Rahul Kalyan @ Kalu, who as per the FIR had allegedly inflicted a datar blow on the head of the deceased, has also been granted regular bail by this Court along with other co-accused. Thus, it is contended that all the co-accused, except the

present petitioners, have already been granted bail.

5. On the strength of the aforesaid submissions, learned counsel submits that although a specific role has been attributed to the petitioner in

JAWALA RAM

2026.03.25 20:56 I attest to the accuracy and authenticity of this document

##PAGE3##

CRM-M-48269-2025 - 3 -

the FIR, however, the version put forth by the complainant has not been fully accepted during investigation, as several named accused were found innocent. It is further submitted that the petitioner is inside the jail for more than a period of 04 years and 06 months and, therefore, he also deserves the

concession of regular bail on the ground of parity.

6. Heard.

7. Qua present petitioner, it is also an admitted position that although he was named in the FIR with a specific role, however, other similarly situated co-accused have already been granted concession of regular bail on different occasions (as already noticed here-above). It is further noticed that out of a total of 26 prosecution witnesses, only 04 witnesses have been examined so far, which shows that the trial is

progressing at a slow pace.

In the entirety of the facts and circumstances, as noticed here-

above, particularly considering the principle of parity, the period of incarceration already undergone, and the stage of trial, this Court does not find any substantial reason to continue with the detention of the petitioner

inside the jail.

Accordingly, prayer made in the present petition is allowed.

Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of t

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