SURMUKH SINGH @ SUMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the instant petition filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner in case FIR No.76 dtd. 23/4/2024 registered under Ss. 457, 394 and 120-B of IPC (Sec. 411 and 201 IPC added later on), at Police Station City Rupnagar, District Rupnagar.

(2.) Brief facts of the present case are that FIR was registered on the statement of complainant-Pukhraj Singh, who runs a shop under the name and style of 'B.S. Bikaner'. On 20/4/2024, around 9.00 pm, a young man entered into his shop who has covered his face with white colour handkerchief and was wearing yellow headgear. The young man demanded sneaker chocolate, pushed the complainant and allegedly took away Rs.5000.00 and fled away on the motor-cycle of another man who was already waiting for him.

(3.) Learned counsel for the petitioner contends that initially the FIR was registered against unknown persons and the petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor named in the FIR. He has been nominated as an accused only on the basis of the disclosure statement made by co-accused Harwinder Singh @ Kaka. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of co-accused during his custodial interrogation is not admissible. It has also been contended that the alleged occurrence took place on 20/4/2024 and the FIR in question was registered on 23/4/2024 i.e. after an unexplained delay of 03 days. The petitioner is in custody since 3/11/2024. The investigation in the case is complete and challan also stands presented. He further submits that the trial will take a long time to conclude and no useful purpose would be served by keeping him behind the bars. Further, co-accused Harwinder Singh @ Kaka, from whom the alleged recovery of datar had been effected, has already been granted the concession of regular bail by the Court of learned Sessions Judge, Rupnagar, vide order dtd. 8/7/2024. Therefore, it is urged that the petition deserves to be allowed.