IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

138/208 CRM-44475-2025 in/and CRM-M-14201-2025 (O&M)

Date of decision: 11.11.2025 Amir @ Kalu ....Petitioner V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. M.S. Walia, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG Punjab.

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SUMEET GOEL, J. (Oral)

CRM-44475-2025 Present application has been filed for placing on record the statements of PWs Sarwan, Satinder Singh and Ankush Kumar. For the reasons stated the application, the same is allowed. The statements are taken on record as Annexures P-3 to P-5. Registry to page-

mark the paper-book accordingly.

CRM-M-14201-2025

1. Present petition has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita seeking grant of regular bail to the petitioner in case bearing FIR No.0003 dated 08.01.2024, registered for the offences punishable under Sections 302, 201, 120-B, 148, 149 of IPC at Police Station GRP Sirhind.

2. The gravamen of the FIR in question pertains to an incident occurred on 08.01.2024 whereby the police had received an information from LR/ASI Satpal (No.607), GRP Mohali that two unidentified dead bodies were found between railway kilometgers 12/16-15 and 12/16-13/01 on the SAS Nagar – Kharar railway track adjoining the road adjoining the railway track under suspicious circumstances. On reaching the spot, the police observed both bodies bore multiple sharp edged weapon injuries including deep cuts on the head, neck, chest and abdomen indicating homicidal deaths. Both bodies appeared to have been killed elsewhere and later placed on the railway track likely to destroy evidence. The victims were unidentified males aged approximately 25-30 years with distinct tattoos and physical features noted for identification. Bloodstains extended to the nearby road and tyre marks of a vehicle were found at the scene suggesting that the bodies were transported and dumped at the railway track. The police concluded that unknown persons murdered both the victims with sharp edged weapons and placed the bodies on the track to mislead or conceal the crime. Accordingly, a case was registered under Sections 302, 201 and 34 of the IPC. During the course of investigation, the deceased persons were identified as Manish and Raj Kamal, both residents of Uttar Pradesh and were residing at village Jagatpura, Police Station Sohana, District SAS Nagar. Thereafter, on 12.01.2024 one Ankush Kumar appeared before the police and got his statement recorded under Section 161 of Cr.P.C. and on the basis of statement of the said witness it would found that the murder of deceased persons had been committed by petitioner Amir @ Kaku, Akshay, Sahil and 2-3 other unknown persons.

3. Learned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated into the present FIR. Learned counsel has further iterated that the petitioner has no role whatsoever in the alleged crime and the prosecution has failed to produce any cogent or reliable evidence to establish the involvement of the petitioner. According to learned counsel, there is no direct or ocular evidence connecting the petitioner with the alleged offence. No witness has identified the petitioner at or near the place of occurrence nor has any material been recovered at his instance which could prima facie implicate the petitioner in the commission of the crime. Furthermore, the investigating agency has not conducted any test identification parade vis-a- viz the alleged incident and in the absence of such identification, the alleged participation of the petitioner remains unsubstantiated. Learned counsel has further submitted that the prosecution has failed to attribute any specific motive to the petitioner for committing the alleged offence. Learned counsel has further submitted that the petitioner has been in custody since 29.01.2024; the challan in the case was presented on 12.04.2024 and charged were framed on 27.11.