Bhopinder Singh vs State Of J&K (Now Ut) on 2 April, 2026

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    Jammu & Kashmir High Court

    Bhopinder Singh vs State Of J&K (Now Ut) on 2 April, 2026

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
    
                              [Through Virtual Mode]
    
    
                              Bail App No. 215/2025
    
                                                    Reserved On: 24th of March, 2026.
                                                    Pronounced On: 2nd of April, 2026.
                                                    Uploaded On: 2nd of April, 2026.
                                                    Whether the operative part or
                                                    full Judgment is pronounced:    Full.
    
    Bhopinder Singh, Age: 51 Years
    S/O Pargat Singh
    R/O Phinder, Jammu
    A/P Central Jail Kot Balwal, Jammu.
                                                                     ... Petitioner(s)
                                    Through: -
                             Mr A. P. Singh, Advocate.
                                         V/s
    State of J&K (now UT),
    Through SHO Police Station Miran Sahib, Jammu.
                                                                  ... Respondent(s)

    Through: –

    Mr Pawan Dev Singh, Dy. AG.

    CORAM: HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE.

    (JUDGMENT)

    01. The Petitioner is an undertrial, who is charged for the
    commission of offences punishable under Sections 302/ 34 of the Ranbir
    Penal Code [“RPC”] and Section 30 of the Indian Arms Act [“IA Act”],
    seeks bail by invoking the jurisdiction of this Court under Section 483 of
    the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], after having
    similar prayer stand rejected by the learned Trial Court.

    02. PW1- Gurdeep Kour, the mother of the deceased-Karamjit
    Singh, on 07 March 2017, lodged a report at Police Station Miran Sahib,
    alleging therein that at about 6:15 PM, while she was going to Gurudwara,
    the accused-Bhopinder Singh (Petitioner herein), along with co-accused,
    Bail App No. 215/2025

    Page 2 of 6

    mounted a murderous attack on his son, who was standing outside the
    Gurudwara, Phinder, and, in this process, the accused-Bhopinder Singh shot
    dead her son.

    03. The aforesaid information led to registration of a formal FIR,
    being FIR No. 40/2017, and on culmination of investigation, a formal
    charge sheet was laid against the Petitioner and co-accused for the
    commission of offences punishable under Sections 302/109 RPC and
    Section 30 of the IA Act.

    04. In order to drive the charge home against the accused, the
    Prosecution has cited as many as 30 witnesses in the witness calendar and,
    by now, 18 witnesses have been examined, including all the four
    eyewitnesses, i.e., PW1-Gurdeep Kour, PW2-Daljeet Singh, PW3-

    Tarandeep Singh and PW4-Balwant Singh, respectively.

    SPONSORED

    05. Formal charges against the Petitioner and co-accused have
    been drawn up for the commission of offences punishable under Sections
    302/34 RPC and 30 IA Act vide Order dated 22 August 2017, whereas, the
    Petitioner was formally arrested on 08 March 2017, as such, he has been
    behind bars for over 09 years.

    06. The Petitioner has moved similar application for grant of bail
    before the Trial Court, which came to be rejected vide Order dated 07 May
    2024. It is seen that the Trial Court, while rejecting the bail application, has
    taken note of the stage of the trial and also that only 10 witnesses have been
    examined so far. Therefore, according to the Trial Court, in absence of the
    testimonies of remaining witnesses, the Court has not been in a position to
    come to the conclusion that there is no reasonable ground to believe that the
    accused has not committed the crime.

    07. Now, the Petitioner has approached this Court seeking bail,
    mainly on the ground that there are contradictions insofar as testimonies of
    the eyewitnesses are concerned, coupled with the fact that the Petitioner has
    Bail App No. 215/2025

    Page 3 of 6

    been suffering long incarceration and the Prosecution has yet to examine
    about 12 witnesses out of 30 listed witnesses.

    08. Besides making reference to the factual and legal grounds
    urged in the Petition for enlargement of the Petitioner on bail, Mr A. P.
    Singh, the learned Counsel for the Petitioner, vehemently argued that the
    Petitioner is languishing in jail for more than nine years and there are
    glaring contradictions in the testimonies of all the four eyewitnesses,
    rendering the Prosecution story and the involvement of the Petitioner highly
    doubtful. Therefore, he prays for the enlargement of the Petitioner on bail
    on twin grounds of long incarceration and contradictions in the testimonies
    of eye witnesses. Reliance is also placed on the Judgment titled ‘Anoop
    Singh v. UT of J&K
    ‘ passed in Petition for Special Leave to Appeal (Crl)
    No. 1398 of 2026 by the Hon’ble Supreme Court.

    09. On the other hand, despite numerous opportunities have been
    granted to the Respondent-UT, Objections have not been filed. However,
    Mr Pawan Dev Singh, the learned Deputy Advocate General, appearing for
    the Respondent-UT, submitted that there is no delay on the part of the
    Prosecution in examining the witnesses and that keeping in view the
    heinousness of the crime, the Petitioner does not deserve the concession of
    bail at this stage. Therefore, he prayed for dismissal of the Petition.

    10. Heard learned Counsel for the parties and perused the record.

    11. Precisely stated, the Prosecution case is that on 07 March
    2017, the accused-Bhopinder Singh (Petitioner herein), accompanied by co-
    accused Pardeep Singh, shot dead the deceased-Karamjeet Singh at around
    6:15 PM near Gurudwara Phinder in the wake of old enmity and was thus
    made to face trial for the commission of the aforementioned offences.

    12. Admittedly, the Petitioner is behind bars over nine years. On
    scanning the Challan, it is seen that out of 30 listed Prosecution witnesses,
    PWs 1 to 4 are cited as eyewitnesses, including PW1-Gurdeep Kour, who is
    Bail App No. 215/2025

    Page 4 of 6

    none other than the mother of the deceased. PW1-Gurdeep Kour has
    deposed that the accused-Bhopinder Singh fired a gunshot at the deceased,
    who was standing outside the Gurudwara, while accompanied by co-
    accused and further deposed that PW2-Daljeet Singh, PW3-Tarandeep
    Singh and PW4-Balwant Singh were also present on the spot. At the same
    time, PW3-Tarandeep Singh, in his cross-examination, deposed that PW4-
    Balwant Singh has come on the spot 10 minutes after the occurrence and
    further deposed that when the deceased was shot at, he was standing at a
    Pulli.

    13. PW4-Balwant Singh has a different story to narrate, in that, he
    deposed that the accused-Bhopinder Singh had fired at deceased by hiding
    behind an Alto car, but this fact is missing in his statement recorded under
    Section 164-A Cr.P.C.

    14. In the testimonies of the eyewitnesses, prima facie, there
    appears to be some discrepancy insofar as the manner and mode of alleged
    occurrence is concerned.

    15. In ‘Javed Gulam Nabi Shaikh v. State of Maharashtra &
    Anr.
    , (2024) 9 SCC 813′, the Hon’ble Supreme Court, while granting bail,
    held as follows:

    “17. If the State or any prosecuting agency including the
    court concerned has no wherewithal to provide or protect the
    fundamental right of an accused to have a speedy trial as enshrined
    under Article 21 of the Constitution then the State or any other
    prosecuting agency should not oppose the plea for bail on the
    ground that the crime committed is serious. Article 21 of the
    Constitution applies irrespective of the nature of the crime.”

    16. There is another very important aspect of the matter that, by
    now, it has been over 09 years that the Petitioner is behind bars and the
    Prosecution has yet to examine 12 witnesses, which may take some time
    and, therefore, such long incarceration, when pitted against the ‘Right to
    Liberty’ enshrined under Article 21 of the Constitution, clearly tilts the
    balance in favour of grant of liberty.

    Bail App No. 215/2025

    Page 5 of 6

    17. While considering the application for bail, the Court is
    required to satisfy itself about the existence or otherwise of a prima facie
    case and a detailed examination of evidence recorded during trial is to be
    avoided.

    18. For the limited purpose of present proceedings, the testimonies
    of eyewitnesses have been taken note of and, on a cursory look, there
    appears to be contradictions insofar as the manner of occurrence as well as
    presence of accused is concerned. Therefore, considering the significant
    delay in trial, the Petitioner’s long period of incarceration and prima facie
    contradictions in the testimonies of eyewitnesses as to the manner of assault
    as well as presence of the Petitioner at the time of incidence, cumulatively
    all these factors mandate the grant of bail so as to prevent the violation of
    right of speedy trial as envisaged under Article 21 of the Constitution.

    19. For the foregoing reasons, the present Petition is allowed and
    the Petitioner is admitted to bail subject, however, on the following terms
    and conditions that:

    i. He shall furnish a surety bond in the amount of Rs.

    1.00 lac to the satisfaction of learned Trial Court
    and a bond of personal recognizance of the like
    amount to the satisfaction of Superintendent of
    concerned jail;

    ii. He shall appear before the Trial Court on each and
    every date of hearing;

    iii. He shall not directly or indirectly make any
    attempt to coerce or influence the Prosecution
    witnesses or tamper with the Prosecution evidence;
    and
    iv. He shall not leave the territorial jurisdiction of the
    Trial Court without the prior permission of the
    Trial Court.

    20. It is, however, made clear that the observations made in this
    Order hereinabove shall not be construed as an expression of opinion with
    Bail App No. 215/2025

    Page 6 of 6

    regard to the merits of the trial and that the same shall be confined to
    disposal of the present bail application only.

    21. Disposed of.

    (SHAHZAD AZEEM)
    JUDGE
    SRINAGAR
    April 2nd, 2026
    “TAHIR”

    i. Whether the Judgment is approved for reporting? Yes.

    Tahir Manzoor Bhat
    I attest to the accuracy and
    authenticity of this
    document



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