JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant one is the third petition that has been moved by the petitioner under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for grant of regular bail in case arising out of FIR No.52 dtd. 24/6/2021 registered under Ss. 336, 506, 34 of IPC; Sec. 25 of Arms Act and Sec. 4 of Explosive Substances Act (added later on) at Police Station Sherpur, District Sangrur. The previous two petitions as filed by him had been dismissed as withdrawn.

(2.) The aforementioned FIR was registered on the basis of the statement got recorded by the complainant Nirbhay Singh on 24/6/2021 alleging therein that his younger brother Malkeet Singh was married with Jaspaljit Kaur in the year 2017. Due to matrimonial discord having arisen between them, Jaspaljit Kaur and her family members lodged complaints against the family members of the complainant. In the year 2019, his brother Malkeet Singh had gone to USA. Jaspaljit Kaur had also settled in Philippine (Manila). His brother had informed him that on 18/6/2021, he had received WhatsApp messages and calls thereby threatening him. On 22/6/2021 also he got a threat call and on asking of his brother, the complainant checked the main gate of his house and found a bullet to be piercing through the same. His brother had told about this fact through WhatsApp. By alleging that some unknown persons in order to frighten his family had fired shots with pistol outside his house he prayed for taking action in the matter.

(3.) After registration of FIR, investigation proceedings were initiated. Statements of material witnesses were recorded. During the course of investigation, one handgrenade was found on the roof of the residential house of the complainant which was diffused and was taken into possession and then was destroyed. Offence under Sec. 4 of the Explosive Substances Act was added. The accused Jaspreet Singh @ Nuppi who was arrested in connection with another case bearing FIR No.140 dtd. 4/7/2021 registered at Police Station City II, Khanna suffered disclosure statement about involvement of the present petitioner and himself in firing gunshot and throwing handgrenade on the roof of the house of the complainant. Both of them were nominated as additional accused and were arrested in this case on 23/7/2021. Investigation now stands concluded.