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CRM-M-10964-2026 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

212 CRM-M-10964-2026 (O&M)

Date of decision:14.05.2026

Yugraj Singh @ Jhagga @ Jograj Singh ... Petitioner

Vs.

State of Punjab ... Respondent

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present: Mr. Raghav Soni, Advocate and

Mr. Manish, Advocate for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab.

...

Manisha Batra, J. (Oral).

1. The instant petition has been filed by the petitioner under

Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of

regular bail to him in case arising out of FIR No.247, dated 22.11.2025,

registered under Section 25 (6), (7) and (8) of the Arms Act, at Police

Station Cantonment, District Amritsar.

2. The aforementioned FIR was registered on the allegations

that on 22.11.2025, on receipt of a secret information to the effect that

accused Balwinder Singh @ Bohar was involved in trafficking of illegal

weapons in the city of Amritsar and surrounding areas and on the same

day also, he was present near Mahl Bypass bridge on a motorbike to

strike a deal in illegal weapons and could be apprehended, a raiding party

HARJEET KAUR

2026.05.15 10:12

I attest to the accuracy and

integrity of this document

CRM-M-10964-2026 (O&M) -2-

was formed, which reached at the informed place and apprehended the

above named Balwinder Singh @ Bohar. On conducting search, 5 pistols

of .30 Bore were recovered from his conscious possession which was

taken into custody by the police. He was formally arrested. On

interrogation, he suffered a disclosure statement to the effect that the

pistols recovered from him were to be supplied at the instance of a

Pakistani smuggler to the present petitioner. The petitioner was

nominated as an accused and was arrested on 28.11.2025. On

interrogation, he too suffered a disclosure statement admitting his

involvement in the crime and got recovered 02 pistols of .30 bore make

China at his instance, which too were taken into possession by the police.

Investigation now stands concluded.

3. Learned counsel for the petitioner has argued that he has

been falsely implicated in this case on the basis of disclosure statement of

the co-accused which cannot be considered to be admissible in evidence.

A false recovery has been planted upon him. He is not involved in any

other case of similar nature. He is not required for further investigation.

His continued detention would not serve any useful purpose. It is,

therefore, argued that the petitioner deserves to be extended the benefit of

bail.

4. Per contra, learned State counsel, while relying upon the

status report has argued that keeping in view the gravity of the allegations

as levelled against the petitioner, he does not deserve to be extended the

benefit of bail.

HARJEET KAUR

2026.05.15 10:12

I attest to the accuracy and

integrity of this document

CRM-M-10964-2026 (O&M) -3-

5. This Court has heard the rival submissions made by learned

counsel for the parties.

6. The petitioner is alleged to have been found in conscious

possession of 02 illicit pistols of .30 Bore. Though, he was nominated on

the basis of disclosure statement of co-accused, however, the recovery

effected from him makes out a prima facie case for commission of

offence punishable under Section 25(I)(a) of the Arms Act against him.

Though, he has been booked and challaned for commission of offence

punishable under Section 25 (6), (7) and (8) of the Arms Act, however, it

is only on thorough assessment of the evidence to be produced during

trial that any definite conclusion as to his involvement in the commission

of the aforementioned offence can be drawn. The petitioner is not

required for further investigating as it already stands concluded. He is in

custody since 30.11.2025. Further incarceration of the petitioner is not

going to serve any fruitful purpose. It is well settled proposition of law

that the bail is the rule and jail is an exception. Pre-trial incarceration of

an accused should not be a replica of post conviction sentencing. Keeping

in vi