IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Rahul Kumar @ Rahul ...Petitioner Versus State of Punjab ...Respondent Sr. No. Particulars Details 1 The date when the judgment is reserved 20.03.2026 2 The date when the judgment is pronounced 24.03.2026 3 The date when the judgment is uploaded on the website 24.03.2026 Whether only operative part of the judgment is pronounced or full

4 Full judgment is pronounced The delay, if any, of the pronouncement of full judgment, and Not

5 reasons thereof applicable CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Yajur Sharma, Advocate for the petitioner.

Ms. Sakshi Bakshi, Assistant Advocate General, Punjab.

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MANISHA BATRA, J :-

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 44 dated 31.05.2025 registered under Sections 103, 191(3), 190 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25 of Arms Act, 1959 (Sections 61(2), 49, 115(2) and 249 of BNS added and Section 3(5) deleted later on) at Police Station Verka, District Police Commissionerate Amritsar.

2. The FIR was registered on the basis of the basis of complaint made by the complainant Sukhdev Singh @ Raju on 31.05.2025, alleging therein that on the same morning, Kaka and his sister Rajveer Kaur made a call to Shamsher Singh @ Shera and his nephew Manpreet Singh alias Bobby, asking them to come near Nanda Hospital. Both of them went there and were encircled by accused Kaka, his sister Rajveer Kaur, and 10–12 unknown persons. All of them opened an attack upon Manpreet Singh and Shamsher Singh and caused injuries to them on their heads with the butts of pistols which they were carrying. The victims had fallen down and raised clamour, on hearing which, some persons reached at the spot and then the assailants fled away. The injured were rushed to the hospital. The complainant further alleged that when his nephew Manpreet Singh reached CHC Hospital, he received a call and was asked to come to Makhan Dhaba for a compromise. His nephew apprised him about this fact. On hearing so, the complainant, along with his brother Kuldeep and friend Randhir Singh reached at the informed place, where accused Kaka and his father Mangal Singh were found present along with some unknown persons. A scuffle took place between them, and Kaka and his accomplices had fired shots at him, from which he had a narrow escape. However, four shots were fired at his brother Kuldeep Singh, who succumbed to the firearm injuries.

3. After registration of the FIR, investigation proceedings were initiated. Post-mortem examination of the dead body of the victim was conducted. The accused Mangal Singh @ Kala was arrested on 31.05.2025. On his disclosure statement, the petitioner was nominated as an accused and was arrested on the same day. He too suffered disclosure statement on the basis of which one Amarjit Singh @ China was nominated as an additional accused. Some other accused were subsequently nominated. Investigation now stands completed.

4. It is argued by the learned counsel for the petitioner that he has been falsely implicated in this case on the basis of the disclosure statement of the co-accused, which cannot be considered to be admissible in evidence. He was not named in the FIR. No specific role, injury, or any overt act has been attributed to him. He is not alleged to have been carrying any weapon at the time of occurrence. His test identification parade has not been conducted. His antecedents are clean. Trial is likely to take time to conclude as not even a single witness has been examined so far. No useful purpose would be served by detaining him in custody anymore. It is, therefore, argued that he deserves to be released on bail.

5. Per contra, learned State counsel has argued that the petitioner by forming membership of an unlawful assembly with the co-accused, had voluntarily caused s