IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-D-623-2026 (O&M)
| JUDGEMENT RESERVED ON | JUDGEMENT PRONOUNCED ON | OPERATIVE PART PRONOUNCED OR FULL | UPLOADED ON |
| 07.05.2026 | 22.05.2026 | FULL PRONOUNCED | 22.05.2026 |
Ashish @ Gopi ...Appellant
Versus
State of Punjab …Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
HON’BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Mr. Vikram Satpal Anand, Advocate
for the appellant.
Ms. Pooja Nayar Sharma, D.A.G., Punjab.
****
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Section |
| 11 | 19.07.2023 | SSOC, SAS Nagar, District Intelligence Wing (CID) | 120-B, 153, 153-A IPC and Sections 25(7), 25 of Arms Act, Sections 17, 18, 20 of UAPA Act |
| Bail Application number before the Sessions Court | 759-2025 |
| Date of Decision | 12.03.2026 |
1. Aggrieved by the dismissal of regular bail by the Additional Sessions Judge, S.A.S. Nagar vide order dated 12.03.2026, the appellant had come up before this Court by filing the present appeal under Section 21 of the National Investigation Agency Act, 2008.
2. As per paragraph 14 of the grounds of appeal, the accused has the following criminal antecedents:
| Sr. No. | FIR No. | Date | Offenses | Police Station |
| 1. | 56 | 26.07.2022 | 21-A of NDPS Act | Bhaini Mian Khan, Distt. Gurdaspur |
| 2. | 26 | 11.03.2023 | - | Gurdaspur |
3. The appellant’s counsel submits that the appellant would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the appellant repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and to which the appellant shall have no objection. Counsel for the appellant further submits that he shall not use his right of speech expression beyond what is permitted under Article 19 of the Constitution of India.
4. The State’s counsel opposes the bail.
5. The facts of the case are being taken from the reply dated 30.04.2026 filed by the Deputy Superintendent of Police, State Special Operation Cell, SAS Nagar Mohali, which reads as follows:
“3. BRIEF FACTS OF THE CASE: That the present case was registered on the basis of secret information received by ASI Harinderjit Singh on 19.07.2023 at about 06:15 PM. The information revealed that the petitioner/accused, along with his accomplices Gagandeep Singh @ Guri, Ashish @ Gopi, Javed Jhinjha, and other unidentified persons, has formed a criminal gang. It was reported that the said persons have illegally procured a cache of arms and ammunition through unlawful channels. The accused persons are allegedly indoctrinated with radical and separatist ideologies. The specific intelligence indicated that they were planning to target leaders of various Hindu organizations, retired police officers, and prominent political figures in the State of Punjab with the intent to incite communal tension, disturb public order, and provoke large-scale riots. Acting upon this reliable information, a formal writing (Ruka) was sent to the police station, leading to the registration of the present case/ FIR. During the course of the investigation, given the involvement of banned terrorist modules (Khalistan Liberation Force), Sections 17, 18, and 20 of the Unlawful Activities (Prevention) Act, 1967 were subsequently added to the array of offences.”
6. It shall be appropriate to refer paras no.4 to 6 of the reply, which is reproduced below:
“4. THE INVESTIGATION AND EVIDENCE TO MAKE AN OFFENCE IN THE PENAL PROVISIONS OF UAPA, 1967: The investigation has established that the appellant is an active member of a terror module linked to the proscribed organization Khalistan Liberation Force (KLF). Evidence collected reveals a conspiracy to leaders to disturb commit targeted killings of religious and political leaders to disturb communal harmony. The recovery of illegal Pistol .32 Bore along with 03 live cartridges from the appellant, attracts the penal provisions of Unlawful Activities Prevention Act, 1967.
5. THE ROLE OF THE APPELLANT IN THE ABOVE CAPTIONED: Secret information revealed that the petitioner/accused, along with his accomplices, has formed a criminal gang. It was reported that the said persons have illegally procured a cache of arms and ammunition through unlawful channels. The accused persons are allegedly indoctrinat
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