IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-01.09.2025 Jaspreet Singh ......Petitioner.

Vs.

The State of Punjab ......Respondent.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Tarun Jhatta, Advocate for the Petitioner (through Video Conferencing).

Mr. Harkanwar Jeet Singh, Assistant Advocate General, Punjab.

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JASJIT SINGH BEDI, J.(ORAL The Prayer in this petition under Section 483 BNSS, 2023 is for the grant of regular bail in case FIR No.74 dated 05.11.2024 under Sections 331(4), 305(E), 317(2), 238 BNS, 2023 registered at Police Station City Zira, District Ferozepur.

2. The present FIR came to be registered at the instance of Sh.

Harvinder Singh, Branch Manager, HDFC Bank Zira and reads as under:-

“ Statement of Harvinder Singh, Branch Manager, HDFC bank, Zira son of Harbhajan Singh, resident of Valtoha, PS Valotha, District Tan Taran aged about 40 years, Mob. No.9872721884 stated that I am posted as Bank Manager, HDFC bank, branch Zira since 01.04.2024. Today in the morning at about 7.35 AM. I received a call from the guard of my branch Manpreet Singh son of Baldev Singh, resident of Bhadana from phone no.9988951673, that in night shutter of the ATM machine of our bank has been broken and lifted up and the ATM machine has also badly damaged and its cover has been lifted up and alongwith the entrance of the ATM, the gate of the bank branch have also been broken and the lock of the cabins built inside the bank also broken and the drawers of the tables have also been badly broken. Upon this, I reached the bank immediately after getting ready, then upon checking myself and my staff, the HP laptop lying in the cabin of Mandeep Singh, one Acer laptop from cabin of Maqbool Singh, one Acer laptop form the cabin of Balwinder Singh, one Lenovo laptop from the cabin of Shivam Manchanda and one laptop of the company of think pad from the cabin of Sarabjit Singh and one laptop of Think pad company from the cabin of Jaspreet Singh, total 5 laptops and the DVR installed in the cabin of the bank was also missing and one lower door hinge of the main door of the main locker of the bank was cut with the help of cuffer and the pieces of the cutter blade were lying nearby on the floor and the gate of the six iron Almirah of the bank branch was broken and no cash was found to be stolen from the bank, We have informed about the occurrence and checked after calling surveillance technicians from Bathinda. This occurrence have taken place in the night in between 2 AM to 3.15 AM. in which three unidentified persons by entering into the bank in the night and committed theft of six laptops and one DVR from the bank: Therefore, action may be taken against these unidentified persons. The statement has recorded to you. heard, is correct. Sd/- Harvinder Singh.”

3. During the course of the investigation, the petitioner came to be nominated as an accused and on being arrested, he along with his co-accused got recovered stolen laptops and DVR from his house.

4. The counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He is in custody since 20.11.2024 and none of the 08 Pws have been examined so far. The case is triable by a Magistrate. It would be a moot point during the course of trial as to whether the petitioner has committed the offence in question. He thus contends that he be granted the concession of regular bail.

5. The learned State counsel on the other hand contends that the petitioner is accused in one other case of similar nature. Pursuant to the arrest of the petitioner he got recovered stolen laptops and DVR from his house. Therefore, he is not entitled to the concession of bail. He however concedes that the petitioner is in custody since 20.11.2024 and that none of the 08 Pws has been examined so far.

6. I have heard the learned counsel for the parties.

7. This Court in the case titled as Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab