Punjab-Haryana High Court
Surjeet Singh Alias Surjit Singh Alias ... vs State Of Punjab on 6 November, 2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(232) CRM-M-60669-2025
Date of decision: 06.11.2025
Surjeet Singh @ Surjit Singh @ Latkhan
....Petitioner
V/s
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Davinder Singh, Advocate, for
Mr.PKS Phoolka, Advocate for the petitioner.
Mr.Baljinder Singh Sra, Addl.AG, Punjab.
*****
SUMEET GOEL, J. (ORAL):
1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.094 dated 27.07.2024 under Sections 458, 459,326, 324, 427, 323, 506, 148, 149 of the IPC, registered at Police Station Sadar Bathinda, District Bathinda, Punjab.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
"Application No. 351-BTR-24 dated 24-6-2024 (PGD-369858) To. Respected ADGP Sahib, Bathinda, Range Bathinda police station S.H.O Police Station Sadar Balwinder Singh by not taking action any action against accused party Sema Singh etc (Drug Smugglers) by profession for giving injuries to me by taking money from them. Sir, I humbly request that I am Sandeep Singh, son of Bagga Singh, 1 of 9 ::: Downloaded on - 12-11-2025 02:39:02 ::: CRM-M-60669-2025 Page |2 resident of Bir Talab Basti No.1, Bathinda, District Bathinda and submit as under that the said Sema Singh and others who is a habitual of the drug supplier, Who, along with his other colleagues, forcefully entered our house with a deadly weapon gave injuries to our whole family, destroyed all our furniture, broke all our belongings, and attacked on my head and cut off the fingers of my right hand. I got admitted in AIIMS Hospital, Bathinda and where got treatment done. The report of broken fingers has been given by the doctor. That we have received injuries and investigating officer, ASI Balvinder Singh Bangi. He is the right arm of SHO. Who is associated with the drug paddlers and used to collect bribe money from the drug paddlers and gave it to SHO Balvinder Singh. Even after 2 months Balvinder Singh has not been taken any action against Sema Singh Balwinder Singh Bangi has been transferred. But the said SHO Balwinder Singh is the safe side officer of every drug paddler (Selling Chitta). Who is involved with drug paddler on a large scale. He does not listen to the common people and instead intimidates them and threatened to file false case. We have met the SHO several times for giving justice. That our contact numbers have also in the blacklisted. S.H.O is encouraging the drug paddlers and hooliganism by collecting huge amount as bribe from the drug paddlers of the village. That the above said SHO did not take any action against the accused Sema Singh and Soma Singh has also snatched my phone. We have no hope of justice from the SHO of Sadar police station. So kindly transferred the above said SHO immediately and the application lodged by us in the police station since last 2 months may kindly be processed and justice may kindly be given to me. Thanks, your well-wisher. SD/ Sandeep Singh son of Banga Singh, resident of Bir Talab Basti No. 1, District Bathinda. Mobile No. 79733-78995 dated 24-6-2024 which was marked to the SSP City Bathinda for investigation. Complaint bearing number 351-BTR-2024 dated 24-6-2024, the Sitta report of which is as under. Application of Sandeep Singh S/o Bagga Singh, resident of Bir Talab has given a complaint against Sema Singh etc., SHO Balwinder Singh and ASI Balvinder Singh that Soma Singh is a drug paddler. Who forcibly entered into their 2 of 9 ::: Downloaded on - 12-11-2025 02:39:03 ::: CRM-M-60669-2025 Page |3 house and gave injuries to us broke into their house. The fingers of his right hand was cut off and he was admitted to AIIMS Hospital, Bathinda, but Incharge Balwinder Singh and SHO Balwinder Singh have not given any justice to him. The the said application was marked to you for investigation: - During the investigation of the application, statements have been written after investigation involving the accused party and statements and records have been obtained after investigation involving the investigating officer SHO Balwinder Singh. From the investigation of the application it has been found that on 27/04/2024 Sandeep Singh S/o Bagga Singh, Bagga Singh son of Diwan Singh, Seema Rani daughter of Bagga Singh resident of Bir Talab Basti No.01 and Jaspreet Singh son of Harbans Singh resident of Amarpura Basti Bathinda were admitted to Civil Hospital Bathinda due to received injury. On which on 28/04/2024 SHO Balwinder Singh along with Constable Sandeep Singh No.995/Bathinda reached at Civil Hospital Bathinda and submitted a written application to Doctor Sahib for obtaining the statements of the said persons, doctor written that the above said persons fit to make statement and bearing M.L.R No. 250/AB/DH/BTI/2024 of Bagga Singh, in which 03 injuries were Blunt, and bearing M.L.R No. 251/AB/DH/BT1/2024 of Seema Rani, in which 01 injury Blunt, M.L.R bearing 248/AB/DH/BTI/2024 of Sandeep Singh in which two sharp injuries has been received and M.L.R No. 255/AB/DH/BTI/2024 of Jaspreet Singh, in which 05 Blunt injuries were found to be received, on 28/04/2024, statement of Bagga Singh was recorded by ASI Balwinder Singh that Bagga Singh wrote in his statement that he is not conscious position due to medicine, once I am in conscious position I would recorded my statement, in this regard, report number 20 dated 28/04/2024 was recorded in Rojnacha. According to the statement of the other party, Jaspreet Singh, son of Harbans Singh, resident of Amarpura Basti, Bathinda has been admitted to civil hospital for receiving injuries regarding which offence under Section 323,324 IPC is being found against Bagga Singh, Sandeep Singh, Seema Rani and rapat no. 19 has been registered on dated 28.04.2024. On 13/05/2024, Sandeep Singh 3 of 9 ::: Downloaded on - 12-11-2025 02:39:03 ::: CRM-M-60669-2025 Page |4 recorded his statement that talked about the compromise between two parties, but compromise could not be done that Bagga Singh son of Diwan Singh son of son of Sada Singh, resident of Basti No.1, Bir Talab, Bathinda has been recorded in his statement to the ASI Balwinder Singh police station Sadar, Bathinda which is as under: statement of Bagga Singh son of Diwana Singh son of Mada Singh, resident of Basti No.1. Bir Talab, Bathinda, aged about 40 years. Mobile No. 78837-68397, states that I am resident of above said address and doing the labour work. I have five children which are 03 daughters and 2 sons. My son Charanjit Singh and my all three daughters are married. My son Sandeep Singh is still single. I and my wife Charan Kaur live with my son Sandeep Singh. On 26/04/2024, we all three of us after taking the meals were talking in the open air of our house. My daughter Seema Rani also came to meet us about 10 days ago. When my son Charanjit Singh's house came to our house, we started talking about when the lights were on above the gate, there were 10 or 12 people having bricks bats, carrying sticks and deadly weapons in their hands. They gave lalkara When I climbed on the cot started looking through the door of the house, everyone came outside on the canal road and said to us to come outside and out of which Tarsem Singh, son of Surjeet Singh, resident of colony no. 02 Beed Talab, who was having a sword in his hand. Surjeet Singh son of Labh Singh resident of Basti No. 02 having Kripan, Happy Singh son of Puran Singh resident of Basti No. 2 having Dang, Mani Singh son of Dulla Singh resident of Basti No. 3, Karan Singh son of unknown... resident of Rania, Kulwant Singh son of Sucha Singh resident of Jalalabad, Vijay Singh son of Binder Singh, Basti No. 02, Jaspreet Singh, son of Harbans Singh, resident of Street No. 3, Amarpura Basti and 3-4 unknown persons, who were having bricks bats in their hands, I came to the gate after coming down from the cot and stopped them from doing so, then these said persons they started throwing bricks towards our house, four or five people came to our house by climbing walls, then the people standing outside pushed our gate hard, the gate suddenly opened and then the people standing outside also came inside suddenly, Tarsem Singh said as 4 of 9 ::: Downloaded on - 12-11-2025 02:39:03 ::: CRM-M-60669-2025 Page |5 soon as he came, he swung his sword at me and it hit my head. Another time Tarsem Singh attacked me and also hit me on the head. As I fell down on the ground, Surjit Singh alias Latkan, gave kirpan blow on the fingers of my son Sandeep Singh's right hand and Happy Singh attacked my daughter Seema Rani with his dang and it hit her on the head. Kulwant Singh hit me with his dang while I was lying down which hit on the left side of my chest and all these people destroyed the goods of the house, refrigerator, washing machine, motorcycle, cots, bed and other household items. When we raised of Marta Marta, they all came to know about it took Rs. 70,000/- from the trunk and one VIVO mobile phone and while leaving, threatened that today we were saved, if ever we come again, know that we will be killed. But someone arranged the vehicle and got admitted us to the Civil Hospital, Bathinda, where we are undergoing treatment. The reason behind this is that my wife Charno Kaur and Seelo Kaur are real sisters, when Seelo Kaur's family set up a house in place of the canal department, then the canal departments came and Demolishes their house. Those who suspect that Bagga Singh is getting their family's house demolished by Nehri department. Under that order, the family of our aunt Seelo Kaur themselves called people from outside and entered our house at around 9:30 PM, entered in our house and our belongings and also took away the VIVO phone worth Rs.70,000/- lying in our trunk, I have written my statement and heard it, correct. Legal action may kindly be taken against these persons." Bagga Singh put his thumb on the statement, which was confirmed by Rant daughter of Bagga Singh. Correct Sd/- Balwinder Singh ASI Police Station Sadar Bathinda. My investigation, statement and By reading the records, photos presented and MLR number 248/AB/DH/BT1/2024 OF Sandeep Singh, it has been found that on 27/04/2024 Baga Singh son of Diwan Singh son of Sada Singh resident of colony no. 01 Bir Talab, Bathinda, inside the house at night, Tarsem Singh, son of Surjeet Singh, Surjeet Singh, son of Labh Singh, Happy Singh, son of Puran Singh, resident of Basti No. 02 Bir Talab, Mani Singh, son of Dulla Singh, resident of Basti No. 03 Bir Talab, Karan 5 of 9 ::: Downloaded on - 12-11-2025 02:39:03 ::: CRM-M-60669-2025 Page |6 Singh, son of Unknown. Rani, Kulwant Singh son of Sucha Singh resident of Jalalabad, Vijay Singh son of Binder Singh, residents of Beed Talab, Jaspreet Singh son of Harbans Singh resident of street number 03 Amarpura Basti Bathinda and 03/04 unknown persons have entered and committed suicide. In connection with the theft of Rs 70,000/- and VIVO phone, nothing has come to light till now during the investigation, which has to be considered during the investigation. At present, offence under Sections 458,324,323,506,427,148,149 IPC is being made out. Map the Recommendation: SHO police Station Sadar Bathinda should be instructed to inform Tarsem Singh son of Surjit Singh, Surjit Singh son of Labh Singh, Happy Singh son of Puran Singh resident of colony no. 02 Beed Talab, Mani Singh son of Dulla Singh resident of colony no. 03 Beed Talab, Karan Singh son of not known, resident of Rania, Kulwant Singh son of Sucha Singh resident of Jalalabad, Vijay Singh son of Binder Singh resident of Basti No. 02 Beed Talab, Jaspreet Singh son of Harbans Singh resident of Street No. 03 Amarpura Basti Bathinda including 03/04 Unknown office under Sections 458,324,323,506,427,148, 149 IPC is being made out, after registration of the case investigation is being carried out. The report is presented. Sd/- SSP Police City Bathinda."
3. Learned counsel for the petitioner has argued that the petitioner is in custody since 24.08.2025. Learned counsel has further submits that the petitioner has been falsely implicated in the FIR in question. Learned counsel for the petitioner argues that the co-accused namely Tarsem Singh @ Semi, who has been attributed the role of giving injury on head of the injured/complainant, has been extended the concession of regular bail vide order dated 18.03.2025 in CRM-M-50606-2024 (Tarsem Singh @ Semi Vs. State of Punjab). Learned counsel has further argued that the offences under Section 326 IPC is not made out against the petitioner as he has only 6 of 9 ::: Downloaded on - 12-11-2025 02:39:03 ::: CRM-M-60669-2025 Page |7 been attributed to have given injury in the finger of the injured/complainant. Thus, regular bail has been prayed for.
4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 05.11.2025 in Court, which is taken on record.
5. I have heard counsel for the parties and have gone through the available records of the case.
6. The petitioner was arrested on 24.08.2025. The investigation into the FIR in question is still underway. The culmination of the investigation as also the trial emanating therefrom will take its own time. The rival contention of learned counsel for the parties; as to whether the injury(s) attributed to the petitioner are grievous in nature, as to whether the petitioner has been falsely implicated in the FIR in question on account of such injury; shall be gone into 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. As per custody certificate dated 05.11.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 2 months and 12 days and is not shown to be involved in any other case.
Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.
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7. 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 petitioner shall remain bound by the following conditions:-
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport, if any, with the trial Court.
(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the trial.
(viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for
8 of 9 ::: Downloaded on - 12-11-2025 02:39:03 ::: CRM-M-60669-2025 Page |9 cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof.
8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
(SUMEET GOEL)
JUDGE
November 6, 2025
sailesh
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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