IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.2849 of 2026 Date of decision : 9.2.2026 Date of uploading : 9.2.2026 Gurdeep Singh ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Prateek Pandit, Advocate, for the petitioner Mr. Baljinder Singh Sra, Addl. AG, Punjab Ms. Vaishali Thakur, Advocate, for the complainant ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.312 dated 5.10.2025 under Sections 105 of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Kotwali, Kapurthala, District Kapurthala.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

‘Statement of Manpreet Kaur wife of Amrik Singh R/o Kala Sanghian P.S. Sadar, Kapurthala aged about 32 years Mobile No. 70877-85275. Stated that I am resident of above address and work as a teacher at a private school namely Guru Nanak Dev Public High School, Kala Sanghian. We are one brother and sister. My younger brother Surjit Singh @ Gopi son of Balbir Singh R/o Surakhpur (Akbarpur) P.S. Fattu Dhinga District Kapurthala aged about 26 years used to do labour work and fell into bad company and befriended one Davinder Singh @ Mannu son of Lashkar Singh R/o Surakhpur (Akbarpur) and he often used to take my brother alongwith him. On 02.10.2025 on the day of Dusshera at about 4:00 PM Davinder Singh @ Mannu on his white scooty took my brother alongwith him by saying that we are going to watch Dusshera. But after that day my brother Surjit Singh @ Gopi did not return home. We searched for him a lot and also went to the house of Mannu but on asking them they also did not disclosed anything. We also got registered a complaint at P.S. Fattu Dhinga regarding my brother having gone missing but Gopi was not found. Today Davinder Singh Sarpanch of village Akbarpur told me that last night Davinder Singh @ Mannu son of Lashkar Singh had called him on the telephone and told him that he alongwith Surjit Singh @ Gopi were last night consuming some intoxicant substance in the sugarcane fields near village Dogranwal and Surjit Singh @ Gopi became unconscious and I left him there and came back on my scooty. Thereupon 1 alongwith my uncle's son Palwinder Singh son of Amarjit Singh R/o village Surakhpur and Charanjit Singh son of Amarjit Singh R/o Surakhpur reached in the sugarcane fields disclosed by Sarpanch Davinder Singh and found that the dead body of my brother Surjit Singh was lying there and blood was coming out of his mouth. I have full belief that Davinder Singh @ Mannu has taken my brother Surjit Singh @ Gopi and given him extra dose of intoxicant substance and left him at the spot due to which Surjit Singh @ Gopi has died. I urge to take action against Davinder Singh @ Mannu because if he had taken my brother to hospital then my brother could have been saved. In this regard I was going to police station for giving information but have met you on the way. Legal action be taken against Davinder Singh @ Mannu Sd/- Manpreet Kaur attested Labh Singh SI P.S.

Kotwali, Kapurthala dated 05.10.2025.’

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 11.10.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the prime piece of prosecution evidence available against the petitioner is in the form of disclosure statement of main accused namely, Davinder Singh @ Mannu, which is not likely to withstand judicial scrutiny. Learned counsel has further submitted that the deceased has passed away on account of over-doze, hence, offence under Section 105 of BNS is not made out in the factual milieu of the case in hand.

4. Learned State counsel as also learned counsel for the c