Sukhpreet Singh Alias Sukhi Vs State of Punjab

Present petition has been filed under Section 483 of Bharatiy a Nagarik Sur a ksha Sanhita, 2023 (for short ‘B N SS’) for grant of regular bail t o the petitione r in case bearing FIR No.0080 da t ed 01.04.2025, registered for th e offences pu n ishable under Sections 333, 11 5 (2), 351(2), 191(3), 190 of th e Bharatiya N y aya Sanhita, 2023 (for short ‘ B NS’), at Police Station Sohana , District SAS Nagar.

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The gravamen of the allegation s against the petitioner is that o n 30.04.2025 a t about 7:00 P.M., the complaina n t was sitting in front of his hous e along with h i s father Gurmit Singh and mot h er Harvinder Kaur. At that time , Kulvir Sing h @ Mithu, Sukhpreet Singh @ Sukhi (petitioner herein), an d Jaspal Singh, in an inebriated condition, p a ssed by their house and starte d abusing the m . Out of fear of a quarrel, th e y went inside. Thereafter, the y

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MAHAVIR SINGH 2025.09.11 16:45 I attest to the accuracy and authenticity of this order/ judgment

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narrated the incident to their uncle (Chacha) Sukhdev Singh, who then lodged a complaint before the Sarpanch. Around 9:00 P.M., Kulvir Singh @ Mithu, Sukhpreet Singh @ Sukhi (petitioner herein), Manpreet @ Manna, Balwinder Singh @ Bunty, and Gagandeep Singh @ Gagga came in front of their house. They were shouting to drag Gurmit Singh @ Ghoga (father of the complainant) out of the house. They broke the main gate with kirpans and dandas. Kulvir Singh @ Mithu and Baltej Singh @ Soni assaulted Sukhdev Singh (uncle). The complainant’s father hid himself inside a room. The complainant’s sister Satvinder Kaur, who had a mobile phone, came outside. Kulvir Singh abused her, beat her with a danda, and snatched her mobile phone. When their uncle (Taya) Avtar Singh tried to intervene, he was attacked by the son of Swaran Singh, causing an injury to his eye. When the complainant’s elder sister came out, she was slapped by the accused. Manpreet @ Manna attacked the complainant with a sword. In an attempt to save himself, he raised his right hand and got injured. Kulvir Singh @ Mithu also kept beating him, threatening not to spare him. The complainant’s mother Harvinder Kaur came forward to rescue him, but Baltej Singh @ Soni caught hold of her from behind and threw her to the ground. Thereafter, Kulvir Singh @ Mithu and Satti (son of Kala Singh) assaulted her with dandas. Later, Sukhdev Singh (uncle), Paramjit Kaur (aunt), and Satkartar Singh (taya) also reached to rescue, but the accused continued to beat them.

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Learned counsel for the petitioner has iterated that the petitioner is in custody since 07.04.2025. Learned counsel has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has iterated that the case in hand is one of version and cross-version. Learned counsel has further iterated that investigation in the FIR in question qua the petitioner is

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MAHAVIR SINGH 2025.09.11 16:45 I attest to the accuracy and authenticity of this order/ judgment

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complete and challan already stands presented on 16.06.2025. Learned counsel has also iterated that the petitioner has been in custody for more than 05 months. Thus, regular bail is prayed for.

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Learned State counsel has placed on record the custody certificate dated 10.09.2025 and status report by way of an affidavit dated 11.09.2025 of Harsimran Singh Bal, PPS, Deputy Superintendent of Police, City-2, SAS Nagar (Mohali) in the Court today, which are taken on record. Raising submissions in tandem with the said status report, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, he does not deserve the concession of the regular bail.

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Learned counsel for the complainant has vehemently opposed the grant of regular bail to the petitioner by arguing that there are direct and serious allegations against the petitioner and thus, he ought not to be extended concession of regular bail. In case, the petitioner is released on regular bail, there is all likelihood that he may abscond from the process of justice as also interfere with the trial by intimidating the witnesses. Learned counsel has however, argued that, though, direct allegations of causing grievous injury is to one co-accused, namely, Manpreet @ Manna, but the petitioner has actively involved in the said offence. Thus, dismissal of the present petition is entreated for.

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I have heard counsel for the rival parties and have gone through the available records of the case.

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The petitioner was arrested on 07.04.2025, whereinafter, investigation was carried out and challan has been presented on 16.06.2025. Total 19 prosecution witnesses have been cited, but none has been examined

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MAHAVIR SINGH 2025.09.11 16:45 I attest to the accuracy and authenticity of this order/ judgment

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till date. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

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7.1. As per custody certificate dated 10.09.2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 05 months and 01 day, & is not shown to be involved in any other FIR(s).

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Suffice to say, further detention of the petitioner as an undertrial is

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not warranted in the facts and circumstances of the case.

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In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM /Duty Magistrate, the

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petitioner shall remain bound by the following conditions:

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(i) The petitioner shall not mis-use the liberty granted.

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(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

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(iii) The petitioner shall not absent himself on any date before the trial.

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(iv) The petitioner shall not commit any offence while on bail.

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(v) The petitioner shall deposit his passport, if any, with the trial Court.

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(vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the CJM/ Duty Magistrate.

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