IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

220 Date of decision: 23.09.2025 BHUVNESHWAR DASS ALIAS SUDAMA ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. A.P.S. Jangu, Advocate for the petitioner.

Mr. Gorav Kathuria, DAG Punjab.

Mr. Kanwaljeet Singh Brar, Advocate and Mr. Amrinder Singh Dhillon, Advocate for the complainant.

YASHVIR SINGH RATHOR. J.(Oral)

1. Present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of regular bail to the petitioner in case FIR No.0056 dated 12.05.2017, under Sections 450, 302, 307, 295, 148, 149, 120-B of IPC, 1860 and Sections 25 and 27 of the Arms Act, 1959, Sections 449, 325, 323, 201 of IPC, 1860 and Section 30 of Arms Act, 1959 (added later on), registered at Police Station Tapa, District Barnala.

2. Status report dated 22.09.2025 by way of affidavit of Gurbinder Singh, PPS, Deputy Superintendent of Police, Sub-Division Tappa, District Barnala has been filed on behalf of respondent-State and the same is taken on record.

3. The present case was registered on the basis of statement given to the police by Mahant Gopal Dass, disciple of Mahant Parmanand, resident of Dera Andarla Tapa, with the allegations that on 12.05.2017, at about 6:15 am, he was performing Aarti in the temple of Dera Thakur Dwara, along with his brother Pujari Laxmi Naryan and other Sewadars namely Ram Dayal, Bhupinder Das, Gulba Ram, Nikka Khan, Raghubir Das, Krishan Das and Mehanga Ram. Thereafter, Hemant Kumar @ Madho armed with pistol, Raghunandan Dass armed with 12 bore rifle, Rameshwar Dass armed with Gandasa, Barinder Kumar @ Bindri armed with 12 bore rifle, Ramesh Kumar @ Meshi armed with spade, Dayal Dass armed with spade, Govind Dass armed with dang, Bhuvneshwar Das @ Sudhama (petitioner) armed with pistol along with ammunition belt and Kapil Kumar armed with stick, entered inside the Thakur Dwara, while throwing bricks and stones and firing shots. When Pujari Laxmi Narayan came out in the verandah, Hemant Kumar @ Madho fired shots at him and Gulab Ram. The aforesaid persons also fired shots and caused injuries to Ram Dayal, Nikka Khan, Raghvir Dass, Krishan Dass, Mehanga Ram and they also defaced Ramayan and various idols. Thereafter, they fled away from the spot along with their weapons. Complainant along with Awadh Kishore, Mahant Bhupinder Dass and some other Sewadars put the aforesaid injured persons in their vehicles and took them to Civil Hospital, Tapa, where Laxmi Narayan was declared dead, while Gulab Ram also succumbed to the injuries on the way to the Hospital. He further alleged that the reason for enmity was that aforesaid Rameshwar Dass also claims himself to be the disciple of Parmanand and various litigations are pending between them in Courts, which have been decided in favour of the complainant and since cases have been decided in their favour, Rameshwar Dass and his companions are having enmity with them and they had done so in order to usurp the Dera and its land. With these allegations, formal FIR was registered and the matter was investigated. Fired and empty cartridges were recovered from the scene of crime. Accused Hemant Kumar @ Madho, Raghunandan, Dayal Dass and Bhuvneshwar Das @ Sudhama (petitioner) were arrested on 14.05.2017. One pistol of 32 bore, along with live cartridges, 06 empty cartridges, one arms licence and two magazines were recovered from accused-Hemant Kumar @ Madho. One 12 bore Rifle DBBL, one live cartridge and belt including 05 more live cartridges were recovered from accused Raghunandan. One spade was recovered from accused Dayal Dass. However, Ramesh Kumar @ Meshi, Gobind Dass and Kapil Kumar were declared innocent. Besides the death of two persons, 05 persons suffered various injuries, including grievous injuries and after completion of investigation, challan has been presented.

4. I have heard learned counsel for the petitioner as well as learned