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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 01.03.2025 Sunil Singh @ Sheelu .... Petitioner Versus State of Punjab .... Respondent CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Prateek Pandit, Advocate, for the petitioner.

Mr. Amit Rana, Senior DAG, Punjab.

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MANJARI NEHRU KAUL, J. (ORAL)

The instant petition has been filed under Section 483 of BNSS, 2023, for grant of regular bail to the petitioner, in case FIR No.135, dated 18.11.2023, under Sections 304, 34 IPC, registered at Police Station Koom Kalan, District Ludhiana.

Learned counsel for the petitioner has submitted that although the prosecution has projected the instant case to be based on an eyewitness account, however, the scientific evidence is contrary to the case projected by the prosecution; allegedly, the deceased was forcibly administered intoxicants by the accused, including the petitioner, however, the report of the FSL was to the contrary, as no intoxicant/drug was found in the viscera of the deceased. Learned counsel submits that in the circumstances, the petitioner’s false implication in the present case is evident and he deserves to be extended the concession of bail, more so when identically placed co-accused, Joginder Singh @ Dodi, had already been extended the concession of bail by this Court, vide order dated 19.07.2024.

Per contra, learned State counsel while opposing the prayer and submissions made by the counsel opposite has, on instructions, not disputed that no intoxicant/drug was found as per the report of the FSL in the case property which was sent, including the syringes. However, learned State counsel has submitted that as per the allegations in the FIR, the petitioner had held the arm of the elder brother of the deceased while the other co-accused tried to forcibly administered intoxicants to the deceased. Learned State counsel has not disputed that the petitioner has been in custody since 06.11.2024 and investigation in the present case is complete, with the challan having been presented. It has been further submitted, on instructions, that 15 witnesses have been cited by the prosecution, who have not yet been examined.

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

In the FIR in question, the complainant has alleged as under:-

“Statement of Gurcharan Singh son of S. Maluk Singh resident of village Bhaini Sahib, Police station Koomkalan District Ludhiana, aged About 54 years, mobile number 79808-86012 stated that I am a resident of the above said address and I am doing Path Puja work at Bhaini Sahib Sahib, I have four children, a girl Sangeet Kaur, a boy Ganga Singh, Gurmail Singh and is Daya Singh, my boys Ganga Singh and Gurmail Singh stay at home, who are addicted to drugs, my son Daya Singh lives abroad in Thailand. On 17-11-2023 I was present at home, around 5-00/6-00 PM I saw that my two sons went out of the house, on which I suspected that they earlier had use to bring drugs, and even today they went to buy drugs, on which I was looking for my boys Gurmail Singh and Ganga Singh while searching towards village Gaahi Bhaini and village Ratnagarh Road I saw on the left side of the road in a deserted place abour 8/9 boys were holding both my sons, out of which 5 boys were forcing my boy Gurmel Singh down and 4 girls were holding my son Ganga Singh, when I cried out loud, all of them on seeing me, they all ran away from the spot, on which I took out the syringe from the arm of my son Gurmel Singh and made Gurmel Singh sit down and my sons Gurmail Singh and Ganga Singh told me that we use to take intoxicants from these persons and use to take the same with then. Even today we came to them, where Gurpreet Singh alias Gopi son of Surjit Singh, Seelu son of Chinder, Joginder Singh alias Dodi son of Mukhtiar Singh, Kulwant Singh alias Bhajan son of Bhajan Singh and Mukha Singh son of Balveer Singh were residents of village Chautan. Police Station Koomkalan Distri