IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

260 CRM-M-55053-2025 Decided on : 09.10.2025 ARSHDEEP SINGH ALIAS YODHA ......Petitioner Versus STATE OF PUNJAB ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Neeraj Jain, Advocate, for the petitioner.

Mr. Bareen Pratap Singh, AAG, Punjab.

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SANJAY VASHISTH, J.

1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of FIR Date Section(s) Police District Petitioner(s) No. Station Arshdeep 19 08.02.2025 105 of Sadar Sri Sri Singh @ Yodha BNS Muktsar Muktsar Sahib Sahib

2. Learned counsel for the petitioner submits that complainant, Pipal Singh, aged 65 years, lodged a complaint regarding the death of his younger son, Gurwinder Singh, who was unmarried. It was alleged that Gurwinder Singh was in regular contact with Arshdeep Singh @ Yodha (petitioner herein) and had mentioned that he, along with (i) Manjura Devi @ Mooli, (ii) Shameer, (iii) Rajni, (iv) Nasib Khan, and (v) Pappu, were addicted to drugs. Complainant had warned his son to avoid the company of the petitioner; however, Gurwinder Singh continued to associate with him and was allegedly taken away forcibly.

It is further alleged that on the day of the incident, i.e., 08.02.2025, Arshdeep Singh @ Yodha took Gurwinder Singh to Village Dhigane under the pretext of doing fodder work (toori). However, around 9:00 AM, petitioner returned alone. When the complainant questioned him about Gurwinder Singh, no satisfactory response was given, and petitioner allegedly fled from the spot. Later, with the help of his elder son, Baljinder Singh, complainant found Gurwinder Singh’s dead body lying near the canal of Village Barkandi Tibi, where crowd had gathered. The complaint states that Gurwinder Singh died due to drugs allegedly administered by Arshdeep Singh @ Yodha and the other named co-

accused.

Based on these allegations, FIR was registered under Section

105 of the Bharatiya Nyaya Sanhita, 2023 (equivalent to Section 304 IPC), against the petitioner and the other accused, in connection with the death of Gurwinder Singh.

3. Counsel for the petitioner contends that prosecution's case is not based on any specific allegation that petitioner intentionally caused death of the complainant’s son. Instead, the case rests solely on the allegation that deceased was in the company of individuals, including the petitioner, who were allegedly drug addicts. It is argued that no offence, as punishable under any provision of law, can be made out on such a vague premise.

4. Furthermore, counsel for the petitioner submits that there is no direct evidence to suggest that petitioner administered any drugs or narcotic substances to Gurwinder Singh, with the intention to cause his death.

It is also pointed out that co-accused Sameer Khan @

Sameer has already been granted anticipatory bail by this Court, vide order dated 20.08.2025 passed in CRM-M-38009-2025 (Annexure P-6), wherein this Court observed that State was unable to produce any direct evidence linking the accused to the death of Gurwinder Singh.

5. In the light of the above, and considering that petitioner is in custody for the past eight months and as of now, nothing requires to be recovered from his possession, counsel contends that petitioner cannot be kept in incarceration indefinitely without prosecution bringing forth unimpeachable evidence to establish the guilt. Therefore, it is prayed that petitioner be granted the concession of regular bail in the present case.

6. On advance notice and in response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 07.10.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has be