PARAMBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 439 Cr.P.C for grant of bail pending trial in case FIR No.70 dtd. 11/7/2023 registered under Ss. 379-B, 34 IPC and Sec. 25 of the Arms Act, 1959 (Sec. 109 IPC, added later on) at Police Station Sadar Gurdaspur, District Gurdaspur.

(2.) The custody certificate filed by the learned counsel for the State, is taken on record.

(3.) It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner is not involved in the crime as alleged against him. Even as per the story of the prosecution the only allegation against the petitioner is that the car, which was snatched from the complainant, was found outside the house of the petitioner when one of the co-accused, who had snatched the said car, was seen with him. Therefore, the petitioner is not even alleged to be a participant in the process of snatching from the complainant. Another allegation against the petitioner is that some illegal arm and ammunition was recovered from his house. However, that recovery is totally implanted because the police are having ill-will against the petitioner. In fact, the police are hobnobbing with the members of some gang. Therefore, when the petitioner was even in hospital and receiving a treatment for bullet injury in his chest, his photograph was clicked in presence of the police and the same was posted on social media account of one Sukhnoor_307, who obviously, is a gangster, as is reflected from his social media post. Other reason why the police are against the petitioner, is that the members of the gang were indulging in drug paddling in the area in collusion with the police. The petitioner raised voice against such activities of the police. Therefore, in a quick reaction, the police have made several cases against the petitioner. The petitioner is in custody since 17/7/2023. The petitioner is not required for any investigation purposes. Hence, the petitioner deserves to be released on bail pending trial.