IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 22.12.2025 Date of uploading: 23.12.2025 Gurpreet Singh @ Gopi ....Petitioner V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Amit Arora, Advocate for the petitioner.

Mr. Baljinder Singh Sra, Addl. AG, Punjab.

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SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.01 dated 13.01.2022 registered under Sections 302, 323, 148, 149, 120-B and 201 of Indian Penal Code (hereinafter to be referred as ‘IPC’) and Sections 25, 27 of Arms Act at Police Station Bhikhiwind, District Tarn Taran.

2. The FIR (supra) was registered on the statement of Jatinder Singh who stated that he is a Sewadar in Beer Baba Budha Sahib Gurdwara. On 12.01.2022, at about 09:45/10:00 PM, complainant received a telephonic call from Varinder Singh alias Kalu (petitioner herein), who is friend of son of complainant, who stated that Harsimran Singh alias Sunny (son of the complainant) has received a gunshot injury and the petitioner is going to KD Hospital Amritsar and that complainant should reach there. Upon receiving the said information, complainant alongwith his brother Harpal Singh, reached KD Hospital Amritsar where he saw the dead body of his son Harsimran Singh alias Sunny lying on stretcher. Thereafter, petitioner told the complainant that Manga Singh armed with Pistol, Bhallu armed with pistol, Lovepreet Singh armed with datar, Soni armed with pistol, all residents of Bhikhiwind and Happy Ranike, alongwith 2/3 unidentified persons, were abusing Gopi while standing in the street. When petitioner and Harsimran Singh alias Sunny came outside, on hearing the abuses, Manga Singh raised Lalkara to catch hold of the petitioner and to teach him a lesson for helping Gopi, pursuant to which Bhallu fired shots from his pistol. One of the shots hit Harsimran Singh alias Sunny in his thigh as a result of which Harsimran Singh alias Sunny fell down. On hearing the sound of gun shots, Gopi rushed outside his house, where Happy Ranike hit Gopi with a brick bat. The assailants then ran away from the spot and Harsimran Singh alias Sunny was rushed to CHC, Bhikhwind, from where he was immediately referred to KD, Hospital, Amritsar. As per this information given by the petitioner, complainant intimated the police about the occurrence. On the basis of aforesaid allegations, FIR (supra) was lodged.

3. Learned counsel for the petitioner submits that all the alleged eye witnesses have been examined and they have not supported the case of the prosecution and have been declared as hostile by learned Public Prosecutor. Learned counsel further contends that it was the petitioner who rushed the son of the complainant to the hospital, where he succumbed to his injuries and upon the information provided by the petitioner to father of the deceased, FIR (supra) was lodged. Thereafter, complainant made a supplementary statement and named the petitioner as one of the accused out of suspicion. Learned counsel further submits that on the same set of allegations, 05 of the co-accused have been declared as innocent and the one of the co-accused namely Varinder Singh @ Kalu has already been granted the concession of regular bail by this Court and the petitioner is also similarly situated. Further, there is no legal evidence against the petitioner and the prosecution has already examined all the material witnesses including the eye witnesses, who have allegedly witnessed the murder of the deceased and all of them have not supported the case of the prosecution. Petitioner has suffered incarceration of 02 years, 1 month and

29 days. Thus, regular bail is prayed for.

4. Learned State counsel has filed the custody certificate of the petitioner, which is taken on record and per contra opposes the prayer for grant of regular bail to the petition