IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on: 7^th May, 2025 Pronounced on: 12 t h May, 2025 Baldev Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Satnam Singh Thakur, Advocate for the petitioner.

Ms. Pooja Nayar Sharma, Deputy Advocate General, Punjab.

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MANISHA BATRA, J :-

The instant one is the second petition for grant of regular bail as filed by the petitioner arising out of 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 Arms Act, 1959 (Section 61(2) of BNS added later on) at Police Station Nurmehal, District Jalandhar Rural. His previous petition bearing CRM-M-49267-2024 was dismissed as withdrawn vide order dated

28.11.2024.

2. As per the allegations, on 08.07.2024, the complainant Resham Singh was going towards his agricultural land while riding on his tractor and when he was on his way, three youths riding on a motor bike came from behind and stopped his tractor. They raised lalkara by saying that they would not leave the complainant. They alighted from their vehicle and fired a shot with a pistol with the intention of killing him. His left leg and thigh were injured. He raised clamour and then the assailants fled away. He was rushed to hospital. By alleging that he could identify the assailants, he prayed for taking action. On his statement, the aforementioned FIR was registered. Investigation proceedings were initiated. During investigation, a secret information was received that the accused Gurvinder Singh @ Sunny who is son-in-law of the complainant, had hired three persons to eliminate the complainant. Accused Gurvinder Singh was nominated as an accused and was arrested on 14.07.2024. He suffered disclosure statement to the effect that since the complainant, who was his father-in-law was not happy with his matrimonial alliance with his daughter and used to interfere in their matrimonial life, he had hatched a conspiracy with his uncle i.e. co-accused Sarabjit Singh, who along with two persons had committed the offence. The above said Sarabjit Singh was arrested on 14.07.2024. He too suffered disclosure statement admitting his involvement in the crime and also took the names of the present petitioner and co-accused Gagandeep Singh, Baljeet Singh and Resham Singh. They were nominated as such. The petitioner was also arrested on the same day. The petitioner and co-accused suffered disclosure statements to the effect that petitioner had fired a shot upon the complainant on the fateful day. The pistol used in the commission of the crime was recovered at the instance of the petitioner. Investigation now stands completed and the petitioner along with the co-accused is facing trial for commission of aforementioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co-accused which cannot be considered to be admissible in evidence. He was neither named in the FIR nor any specific overt act has been attributed to him. He had no motive to make any attempt to kill the victim. He is in custody since long. Trial is likely to take considerable time to conclude. His further incarceration would not serve any useful purpose. Co-accused Gurvinder Singh has been extended benefit of bail. On parity, he too deserves to be given the same benefit. Accordingly, it is urged that the petition deserves to be allowed.

4. Status report and custody certificate have been filed by respondent-State. Learned Deputy Advocate General, Punjab, has argued that there are serious allegations against the petitioner. He is involved in one more case under the NDPS Act. There are chances of his absconding or intimidating the witnesses, if extended benefit of bail. Therefore, it is urged that the petition does not deserve to be allowed.

5. I have heard learned counsel for the parties at consid