IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

219 CRM-M-55855-2025 (O&M) Date of decision: 13.11.2025 Sucha Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. P.S. Paul, Advocate for the petitioner Mr. Jasjit Singh, DAG Punjab *****

AMAN CHAUDHARY, J. (ORAL)

1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.88 dated 03.07.2021, registered under Sections 302 and 120-B IPC at Police Station Nurpur Bedi, District Rupnagar, Punjab.

2. Learned counsel contends that the petitioner, a 63 years old, has been in custody for 4 years and more than 4 months. Co-accused Amarjit Kaur as also Jaswinder Singh with allegations of having caught hold the deceased have been granted bail vide orders dated 05.03.2025 and 28.08.2025, Annexures P-5 and P-6 respectively, after being in custody for 4 years, 2 months and 2 years, 2 months respectively, besides Beant Kaur and Lakhwinder, arraigned as accused, who having similar role as the petitioner, were allowed anticipatory bail by this Court vide order dated 08.01.2025, Annexure P-4. The complainant in this case was examined at the initial stage, however, subsequently an application under Section 319 Cr.P.C. having been allowed and the brother and sister-in-law of the petitioner have been summoned vide order dated 07.11.2024, Annexure P-3. The father of the complainant is not coming forward for the evidence, thus, trial is likely to take time. The petitioner is not involved in any other case.

3. The custody certificate dated 12.11.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 4 year, 4 months and 6 days.

4. Learned State counsel opposes the bail on the ground that the petitioner is the main accused and against him the allegations of strangulating the deceased have been levelled. However, he is unable to controvert the submissions with regard to stage of the case, co-accused having been granted bail and the petitioner being not involved in any other case.

5. Heard.

6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 4 years, 4 months and 6 days; not involved in any other case; co-accused are on bail; complainant initially stands examined, however, remaining prosecution witnesses have yet to be examined, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

8. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the count