Kuldeep Singh @ Deep vs State of Punjab

Yashvir Singh Rathor, J

By this common order, petitions bearing CRM-M-21024-2025 & CRM-M-25615-2025 are being decided together as both the petitions related to common FIR.

This is first petition under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner(s) in case FIR No.202, dated 28. 11.2024, registered at Police Station Kot Ise Khan, District Moga, under Sections 103, 318(4), 3(5) of BNS, 2023 (Section 238 of BNS added later on).

Learned counsel for the petitioners as well as learned State counsel have been heard and material collected by the police during investigation has been perused.

The present case was registered on the basis of complaint given to the police by Tarlochan Singh son of Mahender Singh with the allegations that his nephew Karamjit Singh was an addict and they contacted Drug De-addiction and Rehabilitation Centre namely “Aas Di Kiran Foundation” situated at village Cheema on 12.11.2024 for his rehabilitation, where Daljit Singh-petitioner met them and told them that their centre has been approved by the Government of Punjab and they charge a sum of Rs.15,000/- per person for treatment and rehabilitation. He assured to admit Karamjit Singh and on the same day, Karamjit Singh was taken to the aforesaid centre for his rehabilitation and de-addiction. However, on 27.11.2024, during the night, Daljit Singh along with Amanpreet Singh, Ankit Nagpal came to his house along with the dead body of his nephew Karamjit Singh. When they saw the dead body, there were injury marks on the same and they refused to take the dead body. Thereafter, Daljit Singh and others took back the dead body to their centre and thereafter, they themselves reached the de-addiction centre along with family members and came to know that the de-addiction centre had not been recognized by the Government of Punjab and his nephew had died on account of merciless beatings and thrashings. With these allegations, the formal FIR was registered and accused Daljit Singh, Amanpreet Singh and Ankit Nagpal are arrested and thereafter, Kuldeep Singh, who was the Manager, was also arrested. After completion of investigation, final report has been presented for trial of the accused.

Learned counsel for the petitioners argued that petitioners have been falsely implicated in the present case, who are in custody since 28. 11.2024. There were only minor bruises on the body of the deceased, who was an addict and infact, these injuries were self-inflicted due to convulsions as he was not getting the drugs. Learned counsel further contended that post-mortem examination was conducted and cause of death was not given and after the examination of viscera, the doctor has given the opinion that deceased died on account of “Cardiac Pulmonary Arrest” and infact, it was a natural death and not on account of any injuries suffered by the deceased. Learned counsel next contended that the material witnesses namely Tarlochan Singh, who is the complainant, Harmail Singh, Parminder Kaur-mother of the deceased have already been examined as PW-2 to PW-5, who all have not supported the prosecution case and have been declared hostile. Learned counsel next contended that the trial is likely to take sufficiently long time to conclude and no useful purpose will be served by detaining the petitioners in custody any more and they will be released on bail.

On the other hand, learned State counsel has opposed the bail and argued that in view of gravity of offence, petitioners do not deserve the concession of regular bail.

As per post-mortem report and opinion of the doctor, the deceased died on account of cardiac pulmonary arrest and there were no serious injuries on the body and there were minor bruises on the body and it is thus probable that the aforesaid bruises may be self-suffered as deceased was taken to rehabilitation centre and was not getting the drugs to which he was addicted. All the material witnesses have turned hostile, who include the complainant, mother and other family members of the deceased. Petitioners are in custody since 28.11.2024. The trial will certainly take a long time to conclude and in these circumstances, further detention of the petitioners is not required and they are entitled to be

released on bail.

Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, the bail application is allowed and petitioners are ordered to be released on bail on their furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions.

Pending misc. application(s), if any, shall also stand disposed of.

A photocopy of this order be placed on the file of other connected case.