209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18.05.2026 Bhola Singh @ Gurvinder Singh ....Petitioner versus State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Manvinder Sidhu, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana. RAJESH BHARDWAJ , J. (Oral)

1. Present second petition has been filed by the petitioner praying for grant of regular bail in case FIR No.0092 dated 22.04.2025, under Sections 105, 123, 3(5) of BNS, 2023, registered at Police Station Kalan Wali, District Dabwali, during the pendency of trial.

2. Succinctly, facts of the case are that the FIR has been lodged on the statement of complainant, namely, Gurdas Singh. It was alleged that he is a labourer. They are three siblings and all are married. He and his brother reside together and his younger brother Deep Singh is married to Kamal Kaur and from their wedlock, they have one son, namely, Shubhdeep Singh. It was further alleged that Deep Singh was addicted to chita and intoxicating tablets and the complainant and his family members have persuaded him on many occasions but his brother did not leave intoxication. It was further alleged that the complainant and the wife of his brother, namely, Kamaldeep Kaur had enquired from Deep Singh as to from where, he arrange the intoxicating tables and chita. Upon which, Deep Singh informed them that he brings intoxicating tablets and chita from Nikka Singh and Amarjeet Singh. It was further alleged that the complainant and his family members had visited the houses of Amarjeet and Nikka Singh and requested him to not to supply intoxicating tablets and chita to his brother as he is consuming intoxication in excess quantity and he may die due to high doze of intoxication and his children and family would ruin. It was further alleged that they were persuaded two three times after visiting their house but they did not pay any heed to the complainant and stated that they sell intoxicating substance for earning money and they have no concern, if the brother of complainant dies tomorrow or today. It was further alleged that on 21.04.2025, Deep Singh had gone to Nikka Singh and Amarjeet Singh for bringing intoxicating substance and at about 8:00 pm, the complainant received information that his brother had consumed high doze of intoxicating tablets/heroine and has died. On receipt of this information, the complainant and his family member visited village Dadu and on inquiry, they came to know that Deep Singh had died due to over consumption of intoxicate tablets and heroin given by Nikka Singh and Amarjeet Singh. Request was made to take legal action against the accused. Thus, the FIR was registered. On registration of FIR, investigation commenced. During investigation, complicity of the petitioner surfaced on the basis of disclosure statement and he was arrested on 23.04.2025. On completion of investigation, challan was presented and on framing of charges, the trial commenced. Petitioner approached the learned Additional Sessions Judge, Sirsa, praying for grant of bail, however, after hearing both the sides, the same was dismissed vide order dated 13.08.2025. Being aggrieved, petitioner earlier approached this Court by way of filing CRM-M-51420-2025 however, the same was dismissed as withdrawn vide order dated 17.09.2025. Hence, petitioner is again before this Court by way of filing the present second petition for grant of regular bail.

3. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. He has contended that the FIR has been lodged on the statement of Gurdas Singh (brother of the deceased). He has submitted that neither the petitioner was named in the FIR nor any overt act has been attributed to him. He has submitted that brother of the complainant died due to overdose of drugs and hence, for the offence under Section 105 of BNS, FIR was lodged and investigation commenced and the