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SUMEET GOEL, J. (ORAL)

Present petition is the second attempt filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner, in case bearing FIR No.87 dated 08.12.2021, under Sections 302, 34, 120-B of the IPC, 1860 and Section 25 of the Arms Act, 1959, at Police Station Morinda, District Rupnagar.

The last bail plea for grant of regular bail was dismissed as withdrawn, vide order dated 11.11.2025.

The gravamen of the allegations against the petitioner is that Kulbir Kaur, wife of late Sh. Avtar Chand, alleged that on 08.12.2021, her husband Avtar Singh had gone towards the Government Dairy for supplying milk extracted from the cattle kept at their residence. After delivering the milk, while returning with his rickshaw rehri loaded with empty milk drums, and upon reaching near the gate of his house at about 7:30 A.M., the complainant was present in the kitchen. At that time, two clean-shaven youths with muffled faces arrived there on a black-coloured motorcycle and started firing gunshots at her husband. On hearing the sound of firing, Kulbir Kaur came outside and saw that the motorcycle-borne assailants, after firing at her husband, fled away towards the Rauni side. Upon raising hue and cry, her paternal uncle-in-law Jaspal Singh, Kulwant Master and Amar Singh reached the spot. Thereafter, arrangements for a vehicle were made and Avtar Singh was taken to Civil Hospital, Morinda, where the doctors declared him brought dead.

Learned counsel for the petitioner has argued that the petitioner has been in custody since 19.02.2022 and has already undergone substantial incarceration. Learned counsel has further contended that the petitioner has been falsely implicated in the FIR in question. Learned counsel has argued that the petitioner has not been named in the FIR. Learned counsel has further urged that there is nothing on record available with the prosecution to connect the petitioner with the crime in question and the petitioner cannot be implicated merely on the basis of confession statement of co-accused made before the police, which is not admissible in law.

Learned counsel has urged that last bail plea of the petitioner was dismissed as withdrawn on 11.11.2025 and thereafter, there is no substantial progress in the trial and the petitioner has suffered extended incarceration. Learned counsel has further submitted that prosecution witness, namely, Kulwant Singh Mast (PW13) despite being confronted with his prior statement, in accordance with law, has denied or expressed ignorance regarding essential incriminating circumstances, thereby rendering his testimony unreliable.

Learned counsel has appended zimni orders with the petition in hand as Annexure P-6 (colly) and contended that the trial is procrastinating and the folly thereof is no attributable to the petitioner. Learned counsel has submitted that out of total 37 prosecution witnesses, 15 have been examined and 03 have been given up till date.

Learned counsel has goes on to state that nothing is to be recovered from the petitioner. Learned counsel has further urged that the petitioner has suffered incarceration for more than 04 years and no useful purpose would be served by keeping him behind bars further. Thus, regular bail is prayed for.

Per contra, learned State counsel has filed status report by way of an affidavit dated 13.05.2026, in the Court today, which is taken on record. Raising submissions in tandem with the said reply, learned State counsel has submitted that there are serious and grave allegations against the petitioner. Relevant of the said reply reads thus:

“8. Role of the Petitioner

That it is respectfully submitted that in the morning 08.12.2021, Petitioner-Sunil @ Pehalwan and his co-accused namely Jatin reached at the village of the deceased-Avtar Singh, on a motorcycle and fired 09 bullets from their firearms upon him in front of the house