IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 1^st July, 2025 Satnam Singh @ Kaka ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Digvijay Nagpal, Advocate for the petitioner.

Ms. Sakshi Bakshi, Assistant Advocate General, Punjab.

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MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 156 dated 19.12.2024 registered under Section 105 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) at Police Station City-1, Mansa, District Mansa.

2. As per the allegations, on 18.12.2024, the victim Gurmeet Singh son of complainant Gurnaib Singh had gone with accused Jaspreet Singh but did not return home. His dead body was found lying near a tower on 19.12.2024. The death had occurred due to overdose of heroin. On complaint of complainant, the aforementioned FIR was registered. He recorded a supplementary statement alleging that the present petitioner along with the co-accused used to give heroin to the victim. The petitioner was arrested on 21.03.2025.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR. The victim was a drug addict himself and died due to overdose of drugs. There is nothing on record to connect him with the death of the victim. Some of the co-accused have been extended benefit of pre-arrest bail and co-accused Gurpreet Singh has been extended benefit of regular bail. On parity, he too deserves to be released on bail. Trial would take considerable time.

Accordingly, it is urged that the petition deserves to be allowed.

4. Per contra, learned Assistant Advocate General, Punjab has argued that there are serious and specific allegations against the petitioner. He along with other co-accused had supplied heroin to the victim, on consuming which, he had died. It is, thus, argued that the petition is liable to be dismissed.

5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record.

6. As per the allegations, on 18.12.2024, the victim, who was son of the complainant, had gone out of his house with co-accused Jaspreet Singh Jassi but did not return home. On the next day, his dead body was found lying near a tower. Initially, the petitioner was not named in the FIR but after a gap of four days, supplementary statement of the son of the complainant was recorded, wherein the petitioner along with certain other persons were named as the persons, who used to supply heroin to the victim. Except the aforesaid supplementary statement, which was in fact made after the delay of four days from the incident, there is nothing on record to connect the petitioner with the subject crime, at this stage. He is in custody since 21.03.2025. As mentioned above, similarly situated co-accused have already been granted concession of anticipatory/regular bail by this Court. Keeping in view the aforesaid facts and circumstances and also the nature of evidence coming forth against the petitioner, I am of the considered opinion that no useful purpose would be served by keeping the petitioner into custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

7. It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case.

8. Since the main petition has been allowed, pending application, if any, is rendered infructuous.

[MANISHA BATRA]

JUDGE

1^st July, 2025

Parveen Sharma