IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 13.01.2025 Sukhdev Singh @ Sukha ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vikasdeep Singh, Advocate, for the petitioner.

Mr. Sukhdev Singh, AAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

10 05.03.2024 Kabirpur 302, 34 IPC and 120-B, 148, (Ahalikalan), 149 IPC added later on Kapurthala

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 Cr.P.C, seeking anticipatory bail.

2. Per paragraph 19 of the affidavit dated 07.11.2024 filed on behalf of the State, the accused has the following criminal antecedents:

Sr. No. FIR No. Date Sections Police Station

1. 43 29.08.2013 61-1-14 of the Excise Kabirpur Act

2. 44 18.06.2022 22, 61, 85 of the NDPS Kabirpur Act

3. The facts and allegations are being taken from the translated copy of FIR, which reads as follows:

Statement of Jugraj Singh S/o Resham Singh r/o Hussainpur Bullay PS Kabirpur District Kapurthala aged about 63 years, M.No.95017- 78408. Stated that I am resident of above given address and is an agriculturist. We are 3 brothers and 2 sisters in the family, out of my 3 brothers Virsa Singh is eldest and I am younger to him and the youngest is Balbir Singh. We 3 brothers are residing at the dera near Village Hussainpur and we all have separate houses. My younger brother resides with his family in his house whose elder son Sukhchain Singh is serving in the army and his daughter-in-law Baljit Kaur along with her son resides in this house and my brother Balvir Singh younger son is residing in England along with his family. Our daughter-in-law Baljıt Kaur on 05.03.2024 in the morning told us that on 04.03 2024 at about 07:30 at night my brother Balvir Singh had returned home with Lakhwinder Singh @ Lakha son of Sadhu Ram of our village and Lakhwinder Singh @ Lakha had gone to his house. Balvir Singh and the family were sitting after having food that at about 8 P.M. in the night Balvir Singh received telephonic call from Lakhwinder Singh @ Lakha S/o Sadhu Ram R/o Hussainpur Bullay upon which my brother Balvir Singh told his daughter-in-law about the phone call of Lakhwinder Singh @ Lakha and he calling him went outside the house and did not return the whole night. To find my brother Balvir Singh we checked with the residents of the village and our relatives residing nearby and around the village. While finding my brother Balvir Singh when we reached at the motor of their fields and found that outside the motor room Balvir Singh was lying on the ground in a pool of blood and when we checked he was dead and his body was cold. On checking him, it was found that Balvir Singh received injuries on his head, neck with sharp edge weapons and other internal injuries. Due to the said injuries my brother Balvir Singh died. I have full suspicion that Lakhwinder Singh @ Lakha by conspiring with unknown persons have murdered my brother Balvir Singh with sharp edge weapons due personal enimity”

4. On 02.09.2024, this Court had passed the following order:-

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2. The translated copy of FIR has been annexed as Annexure P-1 which reads as follows:-

"Statement of Jugraj Singh S/o Resham Singh r/o Hussainpur Bullay PS Kabirpur District Kapurthala aged about 63 years, M.No.95017- 78408. Stated that I am resident of above given address and is an agriculturist. We are 3 brothers and 2 sisters in the family, out of my 3 brothers Virsa Singh is eldest and I am younger to him and the youngest is Balbir Singh. We 3 brothers are residing at the dera near Village Hussainpur and we all have separate houses. My younger brother resides with his family in his house whose elder son Sukhchain Singh is serving in the army and his daughter- in-law Baljit Kaur along with her son resides in this house and my brother Balvir Singh younger son is residing in England along with his family. Our daughter-in-law Baljit Kaur o