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2025 Supreme(Online)(P&H) 22380

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BEER SINGH ALIAS VICKY – Appellant
Versus
STATE OF PUNJAB – Respondent



1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.49 dated 18.03.2020, registered under Sections 302, 380, 34 IPC and Sections 411, 460 IPC (added later on), at Police Station Gidderbaha, District Sri Muktsar Sahib.

2. Learned counsel contends that the petitioner has been in custody for 5 years, 8 months and 2 days. He was not named in the FIR, rather it is during the investigation that he came to be implicated in the present case on 18.03.2020. As per the allegations, he is seen in the CCTV of a neighbor, Gurcharan, however, no overt act has been attributed to him. Even in the supplementary statement of brother of the deceased, his name had not been mentioned. Charges have been framed on 02.04.2021, however, 16 witnesses still remain to be examined while the complainant and brother of the deceased stand examined. He is not involved in any other case.

3. The custody certificate dated 1344.02.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 5 years, 8 months and 2 days.

4. Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner as he was seen in the CCTV footage while holding bags. However, he is unable to controvert the submissions with regard to stage of the case and the petitioner being not involved in any other case.

5. Heard.

6.

7. 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 country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

8. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

9. In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

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