Lovepreet Singh vs State Of Punjab

MANISHA BATRA, J :-

The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of anticipatory bail in case bearing FIR No. 305 dated 31.12.2025 registered under Sections 308(5), 310 and 111 of BNS and Section 25 of Arms Act, 1959 at Police Station City Tarn Taran.

As per the allegations, on 31.12.2025, a secret information was received to the effect that the present petitioner, along with co-accused Gurchet Singh, Kushpreet Singh, Sandeep Singh, Harnoor Singh and Gurpreet Singh had formed a gang and were indulging in demanding ransom from members of the public by putting them in fear, at the instance of gangsters namely Prabh Dasuwal, Gurvinder Singh and Billa, who were residing abroad. It was further informed that the petitioner and his co-accused used to rob members of the public by showing firearms and had formed a syndicate for fetching money by use of deadly weapons. It was also informed that on the same day, they were roaming in the area of village Jarmastpur in an i20 car while carrying deadly weapons and could be apprehended. Believing the secret information to be true, a raid was conducted, pursuant to which accused Gurchet Singh, Sandeep Singh, Gurpreet Singh, Davinder Singh, Daljit Singh and Kushpreet Singh were apprehended. One .32 bore pistol along with a magazine and two live cartridges was recovered from the car in which they were travelling. Weapons were also recovered from accused Sandeep Singh, Gurpreet Singh and Kushpreet Singh. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail, which was dismissed by the Court of learned Additional Sessions Judge, Tarn Taran, vide order dated 16.03.2026.

It is argued by learned counsel for the petitioner submits that he has been falsely implicated in the present case on the basis of secret information. Only general allegations have been levelled against him and an attempt has been made to rope him in on the basis thereof. His custodial interrogation is not required. No recovery is to be effected from him. He is ready to join the investigation. It is further submitted that the ingredients of the offence punishable under Section 111 of the BNS are not attracted qua the petitioner. He is not involved in any other case of a similar nature. It is, thus, contended that the petitioner deserves to be extended the benefit of pre-arrest bail.

Per contra, learned State counsel has argued that keeping in view the nature of the allegations levelled against the petitioner, he does not deserve to be extended benefit of anticipatory bail. Therefore, it is stressed that the petition does not deserve to be allowed.

This Court has heard the rival submissions made by learned counsel for the parties at considerable length.

The petitioner is alleged to have formed a gang with the co-accused, who is stated to be an active member of another gang headed by accused Prabh Dasuwal, Gurvinder Singh and Daljit Singh, operating from abroad. As per the allegations, the said gang is involved in committing offences of extortion by putting members of the public under fear. The allegations against the petitioner are not specific in nature and primarily emanate from the secret information received by the police. Keeping in view the nature of the allegations levelled against the petitioner and the circumstances peculiar to the present case, this Court is of the considered opinion that custodial interrogation of the petitioner is not required. It is a well-settled proposition of law that pre-trial incarceration should not be a replica of post-conviction sentencing. As such, the petition is allowed and the petitioner is directed to appear before the Investigating/Arresting Officer to join investigation within 10 days from today and subsequent also as and when required. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail on furnishing personal/surety bonds to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS.

It is further clarified that the observations made above are only for the purpose of consideration of application for pre-arrest bail and the same shall not in any manner influence the trial. The trial Court shall consider the case on its merits and without being influenced by this order.

Since the main petition has been allowed, pending application if any is rendered infructuous.