Punjab-Haryana High Court
Arshdeep Singh Alias Arsh vs State Of Punjab on 10 December, 2025
CRM-M-63118-2025
115
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-63118-2025
Decided on : 10.12.2025
Arshdeep Singh
......Petitioner
Versus
State of Punjab
` ......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Vaibhav Narang, Advocate and
Mr. Manas Bhatia, Advocate
for the petitioner.
Mr. Neeraj Madaan, Sr. DAG Punjab
****
SANJAY VASHISTH, J. (ORAL)
1. Petitioner- Arshdeep Singh alias Arsh, aged 18 years, has filed instant petition under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), seeking regular bail in case FIR No. 256 dated 02.10.2025, registered under Section 111(1) of BNSS at Police Station Jandiala, District Amritsar.
2. On hearing the petition on 14.11.2025, the following order was passed:
"i) Present petition has been filed under Section 483 of BNSS, seeking regular bail in case FIR No. 256 dated 02.10.2025, registered under Section 111(1) of BNSS at Police Station Jandiala, District Amritsar.
ii) It is argued that merely on the basis of the FIR, no offence can be alleged to have been committed by any of the accused. The criminal case was registered directly upon receiving secret 1 of 4 ::: Downloaded on - 11-12-2025 15:14:36 ::: CRM-M-63118-2025 information, without any substantive evidence at the spot where the police team was present and had sent the ruqa for registration of the FIR.
iii) Learned counsel for the petitioner submits that a total of eight boys, namely: i) Sunny Singh @ Nanni, ii) Gagandeep Singh @ Ghajini, iii) Ravinder Singh @ Joban, iv) Arshdeep Singh @ Arsh, v) Manjinder Singh @ Rajan, vi) Karan, have been made accused, while the police team was present at Gunowal Road, GT Road, Jandiala Guru at about 8:00 p.m.
iv) Counsel for the petitioner submits that the impugned order dated 29.10.2025 (P-2) fails to specify any recovery from the possession of the petitioner or any other accused, except for the acknowledgment of 50 grams of heroin and two pistols recovered from co-accused Sunny Singh @ Nanni and Gagandeep Singh @ Ghajini. In respect of petitioner- Arshdeep Singh, only datar is shown to have been recovered, which cannot be regarded as a weapon, much less a dangerous weapon.
Merely reading out the allegations, no offence punishable under Section 111(1) of BNSS is made out. Therefore, the proceedings are liable to be quashed.
v) Notice of Motion.
vi) Mr. Iqbalpreet Singh, Assistant A.G., Punjab, appears on
behalf of the respondent and seeks some time to file a status report.
vii) List on 19.11.2025.
viii) It is made clear that the Investigating Officer himself shall file the status report in the form of an affidavit, pointing out the evidence collected against each of the accused and explaining how the alleged offence is constituted.
ix) To be shown in the urgent list."
3. Thereupon, on the next date of hearing i.e. 19.11.2025, the petitioner was released on interim bail and the order reads as under:-
2 of 4 ::: Downloaded on - 11-12-2025 15:14:37 ::: CRM-M-63118-2025 "i) Learned State counsel prays for one more opportunity to comply with the direction dated 14.11.2025.
ii) List on 10.12.2025.
iii) In the meantime, Petitioner is ordered to be released on interim bail, subject to his furnishing bail/surety bonds to the satisfaction of learned trial Court/Area Magistrate/Duty Magistrate/Chief Judicial Magistrate concerned.
iv) To be shown in the urgent list."
4. From the status report dated 09.12.2025 filed in the Court today, learned Senior DAG Punjab explains the role of the petitioner and submits that infact he was found in the company of co-accused Ravinder Singh alias Varinder Singh alias Joban and Manjinder Singh alias Rajan, he himself was found armed with datar and on seeing the police party tried to run away. Apart the said role, nothing more has been described except of saying that the accused persons had disclosed the name of some other persons also i.e. Sunny Singh alias Nanni, Gagandeep Singh alias Ghajini and Karan, who have formed a gang by procuring firearms and deadly weapons to commit snatching and robberies with passersby on the road, by putting them in the fear of hurt/injury and also to supply heroin to the young persons by purchasing the same with money collected from committing such like offences i.e. snatching and robberies etc.
5. Learned State counsel on instructions from ASI Tajinder Singh informs that subsequently co-accused Sunny Singh alias Nanni and Gagandeep Singh alias Ghajini were also arrested by the police, however, going through the allegations mentioned against the petitioner that no overt act is attributed against him, except of being armed with datar and that on seeing the police party he attempted to run away, and also looking at his age i.e. 18 years, I deem it 3 of 4 ::: Downloaded on - 11-12-2025 15:14:37 ::: CRM-M-63118-2025 appropriate to consider the plea of the petitioner and release him on bail. Accordingly, the petition is allowed and order dated 19.11.2025 passed by this Court is made absolute. However, petitioner would furnish bail/surety bonds before the Court concerned in that regard.
6. It is also clarified in case the petitioner is found indulged in any manner with the tempering of evidence alone or in connivance with other accused, he will have to face the consequences and may be the bail concession is withdrawn on the asking of the prosecution.
7. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
8. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.
9. Petition stands disposed of.
(SANJAY VASHISTH)
December 10, 2025 JUDGE
reena
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
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