Allowed¶6

Amritpal Singh v. State of Punjab

Punjab & Haryana HC7 May 2025CRM-M/817/2025

Case brief

AI extract

What is this about?

CRM-M-817-2025; Amritpal Singh v. State of Punjab; regular bail; FIR No.0077 dt. 06.08.2024; BNS 115(2) 126(2) 351(2) 3(5); PS City Morinda; District Rupnagar; kirpan; danda; Jasveer Kaur; Nitin; Mandeep Singh; ASJ Rupnagar rejection 20.11.2024; co-accused bail CRM-M-63005-2024 dt. 19.12.2024; custody 07 months 06 days; complainant examined; NDPS cases; Rajesh Bhardwaj; decision 07.05.2025.

What did the court decide?

Regular bail granted; petitioner to be released on furnishing bail/surety bonds to the satisfaction of the concerned Court/Duty Magistrate. ¶6

Amritpal Singh Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2025)

CRM-M-817-2025

225

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-817-2025 Date of decision : 07.05.2025

Amritpal Singh

.....Petitioner

versus

State of Punjab

..... Respondent

CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ

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Present :- Mr. A.S. Gulati, Advocate for the petitioner.

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Mr. J.S. Arora, D.A.G., Punjab assisted by ASI Sham Lal.

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RAJESH BHARDWAJ, J. (Oral)

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Present petition has been filed by the petitioner praying for grant of regular bail in case FIR No.0077 dated 06.08.2024, under Sections 115(2)/126(2)/351(2)/3(5) of BNS, registered at Police Station City Morinda, District Rupnagar.

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Succinctly, facts of the case are that the FIR was registered on the statement of Mandeep Singh. It was alleged that he was married with Jasveer Kaur, however, he took divorce in the year 2016. Thereafter, with the intervention of the respectables, he again married with Jasveer Kaur and they are having son who is three years of age. It was alleged that his wife had relationship with Amritpal Singh (petitioner) and due to the same, she started living with him. On 05.08.2024 at about 10:00 PM, when he was going towards Kharar, Amritpal (petitioner), his wife Jasveer Kaur and one Nitin came there and they started beating him. Amritpal was armed with kirpan whereas, his wife Jasveer Kaur and Nitin were armed

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with dandas. He received injuries and later on, he was shifted to the POOJA SHARMA 2025.05.08 09:22 I attest to the accuracy and integrity of this document

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CRM-M-817-2025

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Government Hospital, Sector-32, Chandigarh for the treatment. Request was made to take legal action against the accused. On registration of the FIR, investigation commenced and petitioner was arrested on 28.09.2024. He approached the Court of learned Additional Sessions Judge, Rupnagar praying for the grant of bail. However, after hearing both the sides, finding no merit in the same, learned Additional Sessions Judge, Rupnagar declined the same vide his order dated 20.11.2024. Hence, petitioner is before this Court by way of filing the present petition.

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Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He submits that petitioner was falsely alleged to have illicit relationship with the wife of the complainant. He submits that co-accused, Jasveer Kaur, i.e. wife of the complainant, has already been granted bail by this Court vide order dated 19.12.2024 passed in CRM-M-63005-2024. He submits that though the petitioner is involved in 02 more cases under the NDPS Act, however, he is on bail in those cases. He submits that the complainant has already been examined and the petitioner is behind bars since the date of his arrest. He submits that in the facts and circumstances of the case, he deserves to be granted regular bail.

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Learned State counsel has opposed the submissions made by learned counsel for the petitioner and has submitted that petitioner had illicit relations with co-accused, namely, Jasveer Kaur i.e. the wife of the complainant. He submits that as per the MLR, he had given 04 injuries with kirpan to the complainant. He has placed on record the custody certificate of the petitioner on record.

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After hearing counsel for the parties and perusing the record,

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it is deciphered that the petitioner is behind bars since 28.09.2024. POOJA SHARMA 2025.05.08 09:22 I attest to the accuracy and integrity of this document

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CRM-M-817-2025

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Custody certificate produced would show that he has completed an incarceration of 07 months and 06 days as on 06.05.2025. It further shows that the petitioner is involved in 02 more cases, however, he is on bail in those cases. As submitted before this Court, complainant has already been examined.

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The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. The trial of the case will take sufficiently long time. Thus, keeping in view the overall facts and circumstances of the case, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case.

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( RAJESH BHARDWAJ ) 07.05.2025 JUDGE ps-I Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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POOJA SHARMA 2025.05.08 09:22 I attest to the accuracy and integrity of this document

Amritpal Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Amritpal Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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