Prabhjot Singh Pannu Alias Prabhjit … vs State Of Uttarakhand on 22 July, 2026

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    Uttarakhand High Court

    Prabhjot Singh Pannu Alias Prabhjit … vs State Of Uttarakhand on 22 July, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

                                                UKHC010081312026
    
    
    
    
    HIGH COURT OF UTTARAKHAND AT NAINITAL
                 Bail Application (IA No.1 of 2026)
                                      in
                  Criminal Appeal No. 295 of 2026
    
    Prabhjot Singh Pannu Alias Prabhjit Singh
                                                             --Appellant
                                   Versus
    State Of Uttarakhand
                                                          --Respondent
    
    ----------------------------------------------------------------------
    Presence:-
    Mr. S R S Gill, learned counsel for the appellant.
    Mr. B.N. Molakhi, learned DAG for the State.
    Mr. Arvind Vashistha, learned Senior Advocate assisted by Mr.
    Amanjot Singh Chadha, learned counsel for the informant.
    ----------------------------------------------------------------------
    
    Coram:      Hon'ble Ravindra Maithani, J.
    

    Hon’ble Siddhartha Sah, J.

    Hon’ble Ravindra Maithani, J. (Oral)
    This is an appeal preferred against the order dated

    SPONSORED

    05.05.2026, passed in third Bail Application No.503 of 2026,

    ‘Prabhjot Singh Pannu alias Prabhjit Singh vs. State‘, by the court

    of District & Sessions Judge, Udham Singh Nagar. By it, bail

    application of the appellant in FIR No.609 of 2023 under Sections

    16, 18, 20 & 21 of the Unlawful Activities (Prevention) Act, 1967

    [“the UAPA Act“], Police Station Kashipur, District Udham Singh

    Nagar, has been rejected.

    2. Heard learned counsel for the parties and perused the

    record.

    3. The basis of the case is FIR No.631 of 2022, Police

    Station Kashipur, District Udham Singh Nagar, under Section 302

    IPC (“the 302 IPC FIR”), according to which, when the deceased

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    UKHC010081312026

    Mahal Singh was reading newspaper outside his house on

    13.10.2022, two motorcycle borne assailants approached him and

    opened indiscriminate fire, due to which he died on the spot. As

    soon as the informant of the case reached at the spot, the

    assailants had managed to escape from the place of incident. The

    FIR in that case records that, in fact, one Harjit Singh alias Kala

    had made a telephonic call from Canada and threatened the

    deceased by demanding money. According to the prosecution,

    named terrorist, co-accused Arshdeep Singh Gill @ Arsh Dalla, with

    the help of his associate Sukhdul Dunuke @ Sukkha and others

    agreed to kill the deceased; they hired shooter Sadhu Singh and

    Manpreet Singh @ Mani @ Chuchi and the appellant and others

    gave shelters, provided vehicles and other assistance to the

    shooters, which resulted into the killing of the deceased Mahal

    Singh. Arshdeep Singh Gill @ Arsh Dalla had subsequently

    telephonically demanded money from the son of the deceased and

    threatened him to life. The prosecution case is that the appellant

    and others are threatening the witnesses. They are demanding

    money from various persons, which is an anti-social activity.

    4. In the instant matter, FIR under the UAPA Act has

    been lodged against ten persons, including the appellant. After

    investigation, charge-sheet has not been submitted against all the

    named accused in the FIR.

    5. Learned counsel for the appellant submits that it is a

    case of isolated killing of deceased Mahal Singh. The appellant is

    not named in the FIR. He has no connection with any notified

    terrorist group. Appellant has only been assigned the role that he

    procured one motorcycle and handed over to Sukhdev Singh alias

    Sabby to hand over that motorcycle to the shooters. But it is

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    UKHC010081312026

    argued that Sukhdev Singh alias Sabby is not an accused; he was

    also named in the UAPA Act FIR, but he has been exonerated

    during investigation.

    6. It is also argued that the second material against the

    appellant, which the prosecution relies on is that it is the appellant

    who picked up the actual shooters from the railway station in a

    Bolero car. It is argued that there is no evidence to substantiate it;

    the appellant cannot be seen in the Bolero car picking up the

    shooters; merely the owner of the vehicle has allegedly stated that

    the appellant had borrowed the car from him. Therefore, it is

    argued that this is also a weak kind of evidence.

    7. It is also argued that the prosecution relied on the

    alleged confession made by the appellant that he used to speak to

    one Harjit Singh and Sukhdul Dunuke alias Sukkha on Signal app

    and he had forwarded the photograph of the deceased and his son

    through that app to Sukhdul Dunuke alias Sukkha. It is argued

    that it is a confession; it cannot be read into evidence. Moreover,

    there is no material to corroborate it, nothing was retrieved

    electronically. At the end of his argument, learned counsel would

    submit that co-accused Gurjeet Singh alias Gurjant Singh alias

    Janta has already been granted bail by this Court in Criminal

    Appeal No. 579 of 2024. It is a case of parity.

    8. Learned counsel for the Informant submits that it is

    true that co-accused Gurjeet Singh alias Gurjant Singh alias Janta

    has already been granted bail by this Court, but he would submit

    that there is one additional evidence against the appellant. He has

    confessed that he used to speak to Harjit Singh and Sukhdul

    Dunuke alias Sukkha through Signal app. According to him, the

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    UKHC010081312026

    transcript could not be detected, but forensically it is established

    that the appellant has installed Signal app on his cell phone, which

    subsequently he deleted.

    9. Learned State Counsel fairly concedes that it is not the

    prosecution case either that the appellant was in any manner

    directly connected with Arshdeep Singh Gill alias Arsh Dalla, a

    notified terrorist. Learned State Counsel also adopts the argument

    that has been advanced on behalf of the Informant by the learned

    Senior Counsel.

    10. Against co-accused Gurjeet Singh alias Gurjant Singh

    alias Janta, the allegation was that he called one Jarnail Singh and

    asked him to provide a motorcycle which was used in the killing of

    Mahal Singh. The appellant has been assigned the role of picking

    up the motorcycle and handing over to one Sukhdev Singh alias

    Sabby, who finally, according to the prosecution, handed it over to

    the actual shooters. Sukhdev Singh alias Sabby has already been

    exonerated under the UAPA Act. This Court need not repeat the

    legal aspects of the matter because it has already been dealt with

    by this Court.

    11. On 13.03.2026, while granting bail to co-accused Gurjeet

    Singh alias Gurjant Singh alias Janta in Criminal Appeal No. 579

    of 2024, this Court has taken note of the provision of Sections 15,

    43E, 43D of the UAPA Act.

    12. In fact, there was a property dispute between deceased

    Mahal Singh and other persons associated with him in the

    business. In that killing of Mahal Singh, one of the co-accused

    Arshdeep Singh Gill alias Arsh Dalla, notified terrorist is named in

    the Fourth Schedule of UAPA Act. But admittedly, appellant did not

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    speak to him ever. Can it be said that the appellant had knowledge

    of involvement of Arshdeep Singh Gill alias Arsh Dalla as a person

    involved in the killing? Perhaps such an inference cannot be drawn.

    13. In fact, it is a case of parity with co-accused Gurjeet Singh

    alias Gurjant Singh alias Janta. Therefore, having considered the

    facts and circumstances, and having heard the learned counsel for

    the parties, it cannot be said that there are reasonable grounds for

    believing that the accusation against the appellant is prima facie

    true. Therefore, the appellant deserves to be enlarged on bail.

    14. Consequently, the criminal appeal is allowed.

    15. Let the appellant-Prabhjot Singh Pannu alias Prabhjit

    Singh be released on bail on his executing a personal bond and

    furnishing two reliable sureties, each of the like amount, to the

    satisfaction of the court concerned, subject to the following

    conditions:-

    i) The appellant shall not contact any of the witnesses

    either physically or through any other person or

    electronically.

    ii) The appellant shall deposit his passport with the court

    concerned. The passport may only be returned by the

    order of the court concerned. In case the appellant does

    not have passport, he shall give an undertaking to that

    effect to the court concerned.

    iii) He shall not leave the country without prior permission

    of the court concerned.

    (Siddhartha Sah, J.) (Ravindra Maithani, J.)
    22.07.2026 22.07.2026
    JKJ/

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