Gurpreet Singh Alias Guri vs State Of Punjab

N.S.Shekhawat, J

The petitioner has filed the present petition under Section 483 of BNSS, 2023 with a prayer to grant regular bail to him in case FIR No.06 dated 10.01.2025, registered under Sections 304(2) of BNS & Section 351(3), 317(2) of the BNS & Section 21 of NDPS Act (added later on), Police Station Amargarh, District Malerkotla.

The FIR in the present case was registered on the basis of the statement made by Malkit Singh son of Surjit Singh and the same has been reproduced below:-

“Statement of Malkit Singh son of Surjit Singh, resident of village Man Marar Teh: Shadi District Faridkot Age about 27 years Mo: 62803-10945 stated that I am a resident of the above address and work as a Central Recovery Officer in Seton Credit Care Company. I recover installments from the customers of the loans made by Seton Credit Care Company from the villages of Malerkotla and Dhuri Tehsils. Today, on 10-01-2025, I was riding my motorcycle brand Hero Honda Splendor and was going after collecting a total of Rs. 16,915/- in cash from 14 members of village Dugni Tehsil Dhuri and to collect installments from village Manakmajra. When I passed the newly built Delhi-Katra Highway bridge on the way from village Bhaini Kalan to village Manakmajra and reached about 100 meters ahead, two unknown persons were standing in the middle of the road holding meat cleavers in their hands and one person was standing on the right side of the road on a Bajaj Paltina motorcycle, black in color, on which an unknown person was sitting. Seeing them, I stopped my motorcycle then two unknown persons standing on the road came to me and showed me the cleavers in their hands and threatened me and snatched the black carry-bag which I was carrying on my shoulder. Both the unknown persons and the person who was riding the motorcycle fled with my said bag along with their weapons. My stolen carry bag contained a total of Rs. 16,915/cash collected by me on 10-01-2025 regarding loan installments, a photocopy of my I D. card, 1 TAB brand LENOVO with IMEI No. 863440056693280, which was forcibly stolen by the said three unknown persons after intercepting me and threatening me, I can identify the three unknown persons when they come forward. I have got recorded a statement, heard it found correct. SD/- Malkit Singh”.

Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case, only on the basis of the suspicion. The FIR was initially registered against unknown persons and even during the course of investigation, the police could not collect any incriminating evidence against the petitioner. He further contends that in the present case one TAB brand LENOVO, I.D. card, cash amount of Rs.2,000/- and 10 grams of heroine were recovered from the petitioner and co-accused. However, the said quantity of contraband was planted on the accused in the present case, just to make the offence graver. He further contends that the petitioner is behind the bars for the last more than 05 months and challan has already been presented against him.

On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is involved in one more case i.e. FIR No.212 dated 09.11.2022, under Sections 21/29/61/85 NDPS registered at Police Station Amargarh District Malerkotla and he does not deserve the concession of bail by this Court.

I have heard the learned counsel for the parties and perused the record carefully.

The petitioner is stated to be in custody since 15.01.2025 and the challan has already been presented against him. Even the charge has not been framed against the petitioner and the trial is not likely to conclude in near future. Thus, the further custody of the petitioner will not serve any useful purpose.

Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate.