IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 16^th February, 2026 Jaspreet Singh @ Jassi ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Ms. Malvi Aggarwal, Advocate for the petitioner.

(Legal Aid counsel)

Mr. Roshandeep Singh, Assistant Advocate General, Punjab.

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MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 236 dated 08.06.2025 registered under Sections 115(2), 118(1), 126(2), 351(1), 191(3) and 190 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 52 of Prisons Act at Police Station City Barnala, Barnala.

2. The aforementioned FIR was registered on the basis of statement got recorded by complainant-prisoner-Babbu Singh detained in Barnala Jail in a case registered under Narcotic Drugs and Psychotropic Substance Act, 1985 (for short ‘NDPS Act’), alleging that on the evening of 07.06.2025, he along with under trial prisoner-Sarwan Singh was standing in barrack when the petitioner along with Ravi Kumar, Deepu Kumar @ Chottu, Dilpreet Singh @ Dil and Gurdeep Singh entered inside the barrack No.5 while being armed with sharp edged iron sheets and poker. Ravi Kumar opened an attack upon the complainant by striking a blow with the sharp iron sheets on his chest. Deepu Kumar also inflicted injury near his abdomen with sharp iron sheet and the present petitioner struck a blow with the same on right side of his shoulder. The others also inflicted injuries on his person with iron poker and iron sheet. His companion Sarwan Singh rushed for his rescue, but he too was assaulted by the assailants. On clamour being raised, the petitioner along with other accused fled from the spot to their respective barracks along with their weapons, while extending threats to kill him. The injured was taken to hospital. After registration of FIR, investigation proceedings were initiated. The petitioner was arrested on 08.06.2025. Co-accused were also arrested.

Investigation now stands completed.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has been in custody since long. He is not required to be kept in further custody in this matter. No recovery has been effected from him. His further incarceration would not serve any useful purpose. Trial will take considerable time to conclude. He has been extended benefit of bail in some of the cases which are registered against him. With these broad submissions, it is urged that the petition deserves to be allowed.

4. Learned Sate counsel has argued that the allegations against the petitioner are serious in nature. He is a habitual offender being involved in several other cases. There are chances of his committing similar offences if extended benefit of bail. Therefore, it is stressed that the petition does not deserve to be allowed.

5. This Court has heard learned counsel for the parties at considerable length.

6. The petitioner along with the co-accused is alleged to have opened an assault upon the victim-Babbu Singh on 07.06.2025 while all of them were lodged in Barnala Jail in connection with other cases thereby causing him several injuries. He is also alleged to have extended threats to the victim. The allegations prima facie make out a case for commission of subject offences against him. However, he has been in custody for a period of eight months. The trial will take considerable time to conclude since even charges have not been framed so far. No useful purpose would be served by detaining the petitioner in custody anymore. The subject offences are triable by Magistrate. It is well settled that pre-trial incarceration should not be a replica of post-conviction sentencing and that bail is the rule and jail is an exception. The object of jail is to secure appearance of the accused during trial, and