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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 27.01.2025 Ranjit Singh alias Rana ....Petitioner Versus State of Punjab ....Respondent CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Yajur Sharma, Advocate and Mr. Akun Sheemar, Advocate, for the petitioner.

Mr. Amit Rana, Senior DAG, Punjab.

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MANJARI NEHRU KAUL, J. (ORAL)

This petition that has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner, pending trial, in case FIR No.108, dated 06.12.2023, under Sections 302, 325, 323, 34 of IPC, registered at Police Station Bhindi Saidon, District Amritsar Rural.

Learned counsel for the petitioner submits that the petitioner’s false implication in the present case is evident from the fact that all the 03 material witnesses including the complainant, who allegedly witnessed the crime, had not supported the case of the prosecution, as a result of which, all these 03 witnesses had turned hostile. Learned counsel further submits that since it is a case based on eyewitness account and all the material witnesses have been declared hostile, further incarceration of the petitioner, in the circumstances, would serve no useful purpose, as there can be no apprehension of the witnesses being intimidated or influenced. In support, learned counsel has drawn the attention of this Court to the depositions of the material witnesses which have been annexed with the petition.

In compliance of order dated 2711.2024, status report by way of affidavit dated 26.01.2025 of Inderjit Singh, P.P.S., Deputy Superintendent of Police, Sub-Division Rajasansi, Amritsar (Rural), has been filed in Court today, and the same is taken on record subject to all just exceptions.

Learned State counsel while opposing the prayer and submissions made by the counsel opposite, has not disputed that not only all the material witnesses have been examined but they have also been declared hostile. Learned State counsel, on further instructions, has not disputed that the case of the prosecution is based on eyewitness account. On further instructions, it has been submitted by the learned State counsel that 45 witnesses remain to be examined and the next date fixed before the trial Court is 13.02.2025. However, the allegations levelled in the FIR, annexed as Annexure P-1, has been reiterated by the learned State counsel, and stands reproduced hereinunder:-

“Statement of Sukha Singh Son of Sucha Singh Resident of Village Kotli Dasandhi at present Village Chaan Kuhali Police Station Bhindi Saida District Amritsar Age 40 Years Mobile Number 8872167401, stated that I am a resident of the said address. We are three brothers and two sisters. All siblings are married and we three brothers have built our separate houses. Due to the death of my first wife around 17- 18 years ago, I had my second marriage with Karamjit Kaur alias Karmo daughter of Bira Singh resident of village Kallewal. From the said marriage I have three children two girls and one boy. My neighbour Ranjit Singh alias Rana son of Balwinder Singh, resident of village Chhan Kuhali, used to park his Bolero vehicle in front of my house in my empty space and when he came with the vehicle, he used to play loud obscene songs in the vehicle. I asked him some time back that since my girls are young, don't park your car in my place in front of our house and he left from there grumbling. On 09-11- 2023, me, my wife along with our children after eating our dinner were sleeping on separate cots in the veranda in our house. The time was around 11:30 PM and the lights of our house were on. That our neighbour Ranjit Singh alias Rana son of Balwinder Singh, Buta Singh son of Ginda Singh, Meher Singh son of Ghawa Singh all residents of village Chhan Kuhali came riding in Bolero vehicle bearing registration numbered PB-10-DK-1168. Loud songs were being played in the said vehicle and we woke up after hearing the songs. They brought the said vehi