IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 6^th March, 2025 Gagandeep Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Harjinder Singh, Advocate for the petitioner.

Ms. Swati Batra, Deputy Advocate General, Punjab.

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MANISHA BATRA, J (ORAL):-

Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of regular bail to the petitioner in FIR No. 57 dated 08.07.2024, registered under Sections 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25 of the Arms Act, 1959 (offences under Section 61(2) of BNS and Sections 25(1)(1-B)(a), 29, 25(8), 27(1) of the Arms Act were added later on and offence under Section 3(5) of BNS was deleted) at Police Station Nurmehal, District Jalandhar.

2. Brief facts of the case relevant for the disposal of the present petition are that the aforementioned FIR has been registered on the basis of the statement recorded by complainant Resham Singh on the allegations that in the morning of 08.07.2024, he was going towards his agricultural land on his tractor and when he was on the way, three bike riders came from behind and stopped his vehicle. The bike riders proclaimed that the complainant should not be spared and then one of them alighted from the vehicle. He pointed a pistol upon the complainant and fired a shot, which hit his left leg and he started bleeding. He raised clamour, on hearing which, the assailants fled away. He was rushed to hospital by his son-in-law Gurvinder Singh @ Sunnyand by stating that he could identify the assailants, prayed for taking action against the culprits. Initially, a case under Sections 109 and 3(5) of BNS and Section 25 of the Arms Act was registered. Offences under Sections 61(2) of BNS and Sections 25(1)(1-B)(a), 29, 25(8), 27(1) of the Arms Act were added later on and offence under Section 3(5) of BNS was deleted.

3. During the course of investigation, co-accused Gurwinder Singh, who is son-in-law of the complainant, was nominated as accused in this case and was arrested on 14.07.2024. He suffered disclosure statement, thereby disclosing that the victim/complainant was not happy with his marital ties with his daughter and had been interfering in his matrimonial life. He was offended with the complainant and had hatched a conspiracy to kill him and in pursuance of that conspiracy, accused Gurwinder Singh hatched a conspiracy with the present petitioner and co-accused Sarabjit Singh @ Sabi and had fired shot upon the victim. The petitioner was also nominated as an accused. He was arrested on 14.07.2024 and suffered disclosure statement admitting his involvement in the subject crime. Co- accused were also arrested. Investigation has since been completed and challan has been presented.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of the disclosure statement of the co-accused, which is not admissible in evidence against him. No injury has been attributed to him. He is alleged to be riding the aforesaid bike on which the assailants had come. Investigation has been concluded and challan has been filed. The trial is likely to take time. No useful purpose would be served by keeping him in custody anymore. Co-accused Baljit Singh, Gurvinder Singh @ Sunny and Sarabjit Singh @ Sabi have already been granted concession of regular bail. On the grounds of parity, the petitioner too deserves the same benefit. Therefore, it has been urged that the petition deserves to be allowed and the petitioner deserves to be granted benefit of regular bail.

5. Status report has been filed by the respondent-State. It has submitted therein and learned Assistant Advocate General, Punjab has opposed the prayer of the petitioner by submitting that there are serious allegations against the petitioner. He along with co-accused had fired shot upon the complainan