Sikander Kumar Alias Gola vs State Of Punjab

H.S. Grewal, J.(Oral)

This petition has been filed under Section 483 BNSS, 2023 [Erstwhile Section 439 Cr.P.C.] praying for grant of regular bail to the petitioner in case FIR No. 80 dated 13.07.2025 under Sections 61(2), BNS (120- B IPC) 111 BNS(newly added Section in BNS) and Sections 25,29/54/59 of Arms Act registered at at Police Station Rangarh Nangal, District Gurdaspur.

The case of the prosecution is that on 13.07.2025, while on patrolling, ASI Palwinder Singh received secret information that Sikander Kumar @ Gola and his associates, allegedly linked with the Jaggu Bhagwanpuria group, were waiting near Village Shahbad with illegal firearms to commit a crime. A raid was conducted, during which co-accused Lovepreet Singh was apprehended with a .30 bore pistol and 6 live cartridges. On his disclosure statement, the petitioner Sikander Kumar was arrested and a .32 bore pistol with 5 live cartridges was allegedly recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated. It is further submitted that the petitioner is implicated solely on the basis of the disclosure statement of a co-accused, the alleged recovery has been planted. It is further submitted that the investigation is complete, the challan has been presented, the petitioner is in custody since 13.07.2025, and similarly situated co-accused have already been granted bail by the Coordinate Bench of this Court, therefore, he prays for grant of bail.

Notice of motion.

Mr. Subhash Godara, Addl. Advocate General, Punjab accepts notice on behalf of the respondent-State. Learned State counsel opposes the prayer for regular bail on the ground that the petitioner is involved in a serious conspiracy relating to illegal arms, recoveries were effected during investigation on the basis of disclosure statements,. He has filed the custody certificate in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 01 year and 01 month and 30 days and is involved in three more case.

I have heard the submissions made by the parties and gone through the record.

Keeping in view the facts and circumstances of the case, the fact that the petitioner is in custody for thelast 01 year and 01 month and 30 days, apart from the disclosure statement there is no other evidence connecting the petitioner with the alleged offence, co-accused have been granted concession of regular bail coupled with the fact that the trial is likely to take considerable time to conclude, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail.