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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.01.2025 Gurbaaj Singh alias Baaj ....Petitioner Versus State of Haryana ....Respondent CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Mandeep Nehra, Advocate, Mr. Sanpreet Sandhu, Advocate, for Mr. Davneet Sangwan, Advocate, for the petitioner.

Mr. Yuvraj Shandilya, AAG, Haryana.

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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.54, dated 27.02.2022, under Sections 148, 149, 302, 323, 325, 120-B of IPC, registered at Police Station Chhachhrauli, District Yamuna Nagar.

Learned counsel for the petitioner submits that the petitioner has been in custody since 03.03.2022 and the possibility of the trial concluding in the near future does not arise since 15 prosecution witnesses still remain to be examined. It has been further submitted that the case of the prosecution is based on eyewitness account and 02 material witnesses i.e. the complainant, wife of deceased Gurvinder Singh alias Sunny, and Deepak, who was allegedly inflicted injuries in the occurrence in question, have already been examined. Hence, there can be no risk of the petitioner intimidating or influencing the witnesses in case he is enlarged on bail. It has been further submitted that even otherwise, a perusal of the FIR reveals that the petitioner has not been attributed any injury, much less fatal on the person of the deceased, and the only role attributed to the petitioner is of having held the deceased by his arms along with co-accused Jagnoor Singh (since granted the concession of bail). Learned counsel has, therefore, prayed that, in the circumstances, the petitioner be admitted to bail.

Per contra, learned State counsel while opposing the prayer and submissions made by the counsel opposite, has not disputed the custody period of the petitioner nor has he disputed that both the material witnesses i.e. the complainant, who allegedly witnessed the occurrence in question as well as PW-Deepak, who allegedly sustained injuries at the hands of accused party in the occurrence in question, have already been examined. Furthermore, learned State counsel, on instructions, has submitted that they both supported the case of the prosecution while deposing before the trial Court.

On a pointed query put to the learned State counsel as to whether the petitioner had been attributed fatal injuries on the person of the deceased, he, on instructions, has replied in the negative and instead submitted that fatal injuries have been attributed to co-accused Sandeep Singh, who is still in custody.

On a further query, it has not been disputed that 03 identically placed co-accused have already been extended the concession of bail by this Court. Furthermore, learned State counsel has also, on instructions, apprised the Court that the petitioner is not involved in any other criminal case.

I have heard learned counsel for the parties and perused the material placed on record.

It would be apposite to reproduce the FIR in question which has been annexed as Annexure P-1:-

“Statement of Kulwinder Kaur wife of Gurvinder Singh alias Sunny Village Balauli Police Station Chhachhrauli, District Yamuna Nagar, aged 35 years, Mob. 9671010667. It is stated that I am resident of the aforesaid address and do household work. I have a daughter aged 13 years and a son aged 11 years. On 26.02.2022 at about 8.30 P.M. my husband Gurvinder Singh Sunny son of Kashmir Singh, caste Jat Sikh, resident of Balauli, Police Station Chhachhrauli, District Yamuna Nagar, aged 35 years, after taking meal had come out on the road for roaming. Just after some time, at about 9:00 p.m., I had came to know that some boys while gathering on the road, are trying to raise quarrel with my husband Gurwinder Singh alias Sunny and his friend Deepak Kumar. At the same time I along with my younger son rea