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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 06.02.2025 Jagtej Singh .... Petitioner Versus State of Punjab .... Respondent CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Gurbir Singh Sidhu, Advocate and Mr. Mohit Kumar, Advocate, for the petitioner.

Mr. Amit Rana, Senior DAG, Punjab.

Mr. Saurav Bhatia, Advocate for the complainant.

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MANJARI NEHRU KAUL, J. (ORAL)

This is second petition that has been filed under Section 439 of Cr.P.C., for grant of regular bail to the petitioner, in case FIR No.251, dated 14.11.2020, under Section 302 of IPC, registered at Police Station Sadar Nabha, District Patiala.

Learned counsel for the petitioner submits that even though the petitioner has been in custody since 17.11.2020, however, till date, the trial has not concluded, and there is still no possibility of the conclusion of the trial in the near future as 12 prosecution witnesses still remain to be examined. It has also been asserted by the learned counsel that the falsity of the case of the prosecution is also evident from the fact that as per the admitted case of the complainant that he was blind and hence, he could not have witnessed the murder of his son at the hands of the petitioner. It has also been submitted that since the star witness i.e. the complainant, Omkar Singh, has already been examined and subsequently expired also, the petitioner be admitted to bail as there can be no apprehension of the petitioner tampering with evidence or intimidating/influencing the remaining witnesses.

Per contra, learned State counsel, who is assisted by the counsel for the complainant, has vehemently opposed the prayer and submissions made by the counsel opposite and drawn the attention of this Court to the allegations levelled in the FIR in question which stands reproduced hereinunder:-

“At present, a statement of Omkar son of Mr. Prem Chand, resident of Dalla Colony: Dulladi Nabha, District Patiala, age about 45 years, mobile number 62835-47057, in writing received to INSP Sukhdev Singh, Station House Officer Police Station, Sadar, Nabha, for registration of case against Gurtej Singh alias Teja son of Harjinder Singh resident of Kameli now at Dalla Colony, Duladi Nabha by hand C Hardeep Singh 1250 at police station, which is as, stated that I am a resident of the said address and work as a truck driver, I have four trucks. I have two sons, the name of elder son is Mani Karan age about 24 years and younger son Ajay Kumar age about 23 years. My elder son is pursuing ITI and younger son Ajay drives the truck. Near to our house is the house of Gurtej Singh alias Teja son of Harjinder Singh resident of Kameli now at Dalla Colony, Duladi, with whom my son Ajay had a fight a couple of times because Gurtej Singh alias Teja suspect my son Ajay Kumar used that my son Ajay Kumar has illicit relations with his sister. Yesterday on 13-11-2020, it will be around 7:00 PM in the evening, at that time the street light was on in our street, so my son Ajay told me that I am bringing Diwali goods from the bazaar, so my son left the house on a motorcycle and I was also standing outside the gate of the house when my son Ajay Kumar reached the turn of the street on the motorcycle Gurtej Singh alias Teja above said who was having a Takua/hand spade in his hand stopped the motorcycle of my son Ajay and immediately on stopping the motorcycle, he attacked my son Ajay several times with his Takua/hand spade, so I ran to the spot, seeing me, Gurtej Singh alias Teja fled from the spot with the said handgun/ takua, my son Ajay Kumar fell down from the motorcycle and when I went and picked him up, I saw that there was a cut on his neck and there were marks of injuries on his hand and stomach from which blood was flowing, so later my younger brother Pawan Kumar also came to the spot. We picked up my son Ajay Kumar and took him to our house, then arranged a vehicle and took my son Ajay Kumar to Civil Hospital where the doctors, seeing