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Judgment
N.S.SHEKHAWAT, J. (Oral)
The petitioner has filed the present petition under Section 483 of BNSS 2023 with a prayer to grant him regular bail in case FIR No. 35 dated 04.03.2024, registered under Sections 307, 506, 120-B, and 34 IPC and Sections 25(6) and 27 of Arms Act, registered at Police Station, Mahilpur, District Hoshiarpur (Annexure P-1).
The FIR in the present case was registered on the basis of the statement made by Kashmir Singh son of Charan Singh and the same has been reproduced below:-
“Statement of Mr. Kashmir Singh, son of Charan Singh, resident of Bugra, police station Mahilpur, District Hoshiarpur, aged about 67 years, phone number 94630-13115, stated that I am a resident of the above address and am the Lambardar of village Bugra. I have a son and a daughter. My son Gurpreet Singh lives abroad in America. I and my daughter Kiranjit Kaur and daughter-in-law, whose name is also Kiranjit Kaur, live at our home. Today, on 04.03.2024, I reached my house after taking medicine from Adda Sala. It must have been around 2:15/20 PM when I was standing outside my house. Two young boys, one of whom had 02 pistols in his hand, one on the right and one on the left, and the other boy had a pistol in his hand. Both the boys were wearing hoodies. Those who were wearing caps on their heads, who must have been around 25/30 years old, who shot at me with a pistol in their hands with the intention of killing me as soon as I arrived, I ran away and saved my life, one bullet hit the door of my house, while they were leaving, they started saying in a loud voice that Kaushal Choudhary and Saurav gangsters have sent us, we have to kill you and your son Gopi who is currently abroad in America, after firing, they sat in a silver car and went towards Dhada Kalan village, when I came out of my gate and saw that 08 bullets had been fired in front of my old house and 01 slip was thrown inside the gate on which "Kaushal Choudary Saurav" was written in English, my son Gurpreet Singh lives abroad in America. Kaushal Choudary and Saurav gangsters have fired pistol shots at me with the intention of killing me. My family is in danger of life and property from the said unknown youth. I have written a statement requesting that appropriate legal action be taken against them. I have heard it, it is correct/-Kashmir Singh.”
Learned counsel for the petitioner has vehemently argued that the name of the petitioner did not figure in the FIR and the alleged offence was committed by some unknown persons. During the course of investigation, it was falsely alleged that the petitioner had provided shelter to the accused and had been keeping weapons with him which were provided to criminals. The petitioner was arrested in the present case on 13th March 2024 and is in custody for the last more than two years and four months. Learned counsel further submits that other co-accused, namely, Simarveer Singh @ Saffi @ Simardeep Singh, Gurjinder Singh @ Sonu @ Gandhi, Pradeep Kumar alias Bantu and Jagdeep Singh alias Daula had approached this Court for grant of concession of bail and vide orders (Annexures P-3 to P-5, respectively), they have already been admitted to bail. Thus, the petition deserves to be allowed by this Court.
On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner, submitting that the petitioner is a member of notorious “Kaushal Choudhary Saurav Gang” and the gunshots were fired at the house of the complainant by the gangsters. Even, for the purpose of firing the Ford Fiesta and Swift Desire cars of Simarveer Singh @ Saffi @ Simardeep Singh were used. The petitioner and his accomplices, Manpreet Singh alias Paras, who is also confined in jail, were providing shelter to the gangsters and were arranging the weapons for them. Apart from that, in the present case, the charge was ordered to be framed against the petitioner and other accused on 02nd August 2025. The prosecution has cited 17 witnesses in the present case and no witness has been examined so far. In case, the petitioner is granted the concession of bail, the witnesses will not be able to depose before the trial Court. Learned State counsel further submits that the petitioner himself is a habitual offender and is a notorious criminal. As many as 27 cases were registered against the petitioner. The petitioner has already been convicted in four cases, acquitted in seven cases, twelve cases are under trial, and four cases are under investigation. The details of cases registered against the petitioner is as follows:-
FIR No. 13 Dated 19/05/2015 under Section 379-B IPC, PS Garhshankar, District Hoshiarpur.
FIR No. 69 dated 15/05/2015 under Sections 302,34 IPC & 25-54-59 Arms Act PS Gorayan, District Jalandhar Rural.
FIR No. 54 Dated 05/04/2016, U/s 452, 427, 506, 336, 148,149 IPC & 25-54-59 Arms Act PS Mehtiana, District HPR.
FIR No. 78 Dated 18/05/2016, U/s 395, 34 IPC, PS Nangal, District Ropar
FIR No. 64 Dated 22/05/2016, U/s 302,148, 149 IPC, PS Sadar, District HPR
FIR No. 81 Dated 28/06/2016, U/s 307 IPC & 25-54-59 Arms. Act & 21-61-85 NDPS Act, PS Garhshankar, District Hoshiarpur
FIR No. 47 Dated 18/03/2016, U/s 323, 324,34 IPC, PS Mehtiana, District HPR.
FIR No. 98 Dated 07/09/2016, U/s 174-A IPC , PS Gorian, District Jalandhar Rural.
FIR No. 39 Dated 19/03/2017, U/s 323,324,148,149 IPC , PS Kotwali, District Kapurthala
FIR No. 8 Dated 13/01/2020, U/s 302,506,341,120-B,212, 216,201 IPC & 29 NDPS Act, PS Kartarpur, District JAL-R.
FIR No. 20 Dated 23/01/2020, U/s 52-A Prison Act , PS City, District HPR.
FIR No. 84 Dated 25/05/2020, U/s 52-A Prison Act, PS Kotwali, District KPT.
FIR No. 212 Dated 26/08/2020, U/s 52-A Prison Act , PS Kotwali, District Kapurthala.
FIR No. 67 Dated 06/05/2021, U/s 21/29-61-85 NDPS Act , PS Balongi District SAS Nagar.
FIR No. 300 Dated 23/11/2021, U/s 52-A Prison Act, PS Kotwali, District KPT.
FIR No. 177 Dated 18/07/2022, U/s 307,353,186,120-B IPC & 25/27-54-59 Arms act, PS Model Town, District Hoshiarpur.
FIR No. 35 Dated 04/03/2024, U/s 307,506,120-B IPC & 25(6) /27 Arms Act PS Mahilpur, District Hoshiarpur.
FIR No. 11 Dated 09/03/2024, U/s 25 Arms Act, 21C, 27 A, 29 NDPS Act & 52-A Prison Act, PS Dorangla, District Gurdaspur.
FIR No. 95 Dated 02/08/2024, U/s 61(2) BNS, 25 Arms Act, PS Dugri, District Ludhiana CP.
FIR No. 253 Dated 19/10/2024, U/s 25 Arms Act, was regitesred at PS New Baradari, District CP JAL
FIR No. 66 Dated 29/11/2024, U/s 61(2) BNS & 25 Arms Act, PS SSOC.
FIR No. 87 Dated 11/04/2025, U/s 52-A Prison Act, PS Tripuri, District Patiala.
FIR No. 109 Dated 03/05/2025, U/s 52-A Prison Act, PS Tripuri, District Patiala.
FIR No. 84 Dated 08/05/2025, U/s 25 Arms Act & 21-B/29 NDPS Act, 109,132,221 BNS, PS Sadar, District HPR.
FIR No. 104 Dated 08/06/2025, U/s 52-A Prison Act, 111 BNS, PS Cantt. District Bathinda.
FIR No. 122 Dated 18/11/2025, U/s 103,109,124 (4), 190, 191(3) BNS & 25/27 Arms Act, PS City Banga, District SBS Nagar.
FIR No. 256 Dated 25/11/2025, U/s 109, 3(5) BNS & 25/27 Arms Act, PS City, District SBS Nagar”.
I have heard learned counsel for the parties and perused the record carefully.
From the perusal of the record, it is apparent that the petitioner is a “A category gangster of the State of Punjab”. Apart from that, the petitioner is also a member of “Kaushal Choudhary and Saurav Gang”. Even, it is also apparent that the members of “Kaushal Choudhary and Saurav Gang” have already vowed to kill the complainant and his son Gopi, who is also residing in USA. It is also apparent that gunshots were fired indiscriminately at the house of the complainant. However, all the members of the house luckily escaped. Thus, keeping in view the gravity of the offence as well as the criminal antecedents of the petitioner, he is not entitled to concession of bail by this Court. Still further, even the case of the petitioner is not at par with the case of Simarveer Singh @ Saffi @ Simardeep Singh, Gurjinder Singh @ Sonu @ Gandhi, Pradeep Kumar alias Bantu and Jagdeep Singh alias Daula, all other co-accused, as they were not involved in so many criminal cases. Rather, in the considered opinion of the Court, in case the petitioner is granted the concession of bail, no witness will be able to depose before the trial Court.
In view of above discussion, finding no merits, the present petition is ordered to be dismissed.