SUKHWANT SINGH 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.53 dtd. 26/4/2025 registered under Ss. 326(f), 326(g), 351(3) and 191(3) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Khui Khera, District Fazilka.

(2.) Brief facts of the present case are that as per the prosecution, on 26/4/2025, the petitioner along with other accused Joginder Singh reached the fields of the complainant, armed with weapons and bottle containing petrol, raised exhortions and burnt the wheat crop.

(3.) Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He argued that the allegations against the present petitioner that he along with co-accused had set the crop on fire, are totally false. He further argued that while registering the FIR, report was sought from the Patwari regarding the khasra numbers of the land in which the wheat crop was set on fire and the Patwari had submitted his report dtd. 30/4/2025 and in the said report, there is specific reference of the khasra numbers of the land. It has also been contended that the land mentioned in the khasra numbers is co-ownership of complainant and the petitioner and both of them have joint possession over the land. As per the Girdawari (Annexure P4), the wheat crop was sown by both the parties in jointly cultivated land. No motive has been suggested in the present case. He further submits that the petitioner has clean antecedents and he is first time offender. The petitioner is in custody since 28/4/2025 and recovery has already been effected from him. 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 Joginder Singh, who was on similar footing with the petitioner, has already been granted the concession of anticipatory bail by a Co-ordinate Bench of this Court passed in CRM-M-27950-2025, vide order dtd. 21/5/2025. Therefore, it is urged that the petition deserves to be allowed.