- (1.) The matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the instant petition for regular bail, as claimed by the prosecution and emanating from the record, is that, one convict Bikramjit Singh s/o Bakhshish Singh was undergoing the imprisonment for life in Central Jail, Amritsar, in a case registered against him along with his other co-accused, vide FIR No.81 of 2002, on accusation of having committed the offences punishable u/ss 148, 302 and 307 read with section 149 IPC by the police of Police Station Bhikhiwind, Distt. Tarn Taran. He was admitted and getting his treatment in Guru Nanak Dev Hospital, Amritsar. The petitioners were deputed on guard duty of convict Bikramjit Singh in the hospital. On 6.5.2014, as soon as, complainant ASI Gurgian Singh (for brevity "the complainant") went to check the guard, then, at that time, convict Bikramjit Singh was stated to have gone to the bath room. Indeed, he has escaped from the custody. The matter was reported to the police by the complainant, where a criminal case was initially registered against the accused u/ss 222, 223 and 224 IPC.
(2.) Sequelly, the case of the prosecution further proceeds that on 5.5.2014 at about 5 to 6 PM, as soon as, PW Dalbir Singh reached the hospital to meet his brother Bikramjit Singh, in the meantime, he was shocked to see that his brother was forcibly taken away by the police officials in their vehicles, bearing registration Nos.PB-10-BD-0078 and PB- 58-E-0014. Main accused Naurang Singh had taken his brother to Batala, where he was brutally tortured, culminating into his death and his dead body was thrown in Bhakhra Canal. During the course of investigation, the investigating agency recorded the statements of PWs Deepak Kumar, Thakur Kumar and Neena Sharma, who confirmed that the police party of Batala first gave beating to convict Bikramjit Singh, then put him in their Bolero jeep and went away in different vehicles. Consequently, the offences punishable u/ss 365 and 342 IPC were added, vide report No.55 dated 7.5.2014. As per the statement of Om Parkash, Brahmin of village Lado Chakk, PPHC Lakhwinder Singh & ASI Gulshanbir wanted 100 grams of Heroin and he had a talk with convict Bikramjit Singh on 5.5.2014 in this regard. It was claimed that HC Amandeep Singh handed over a sum of Rs.1,22,000/- to convict Bikramjit Singh, which was given by Gulshanbir Singh for getting Heroin. After 11/2 hour, convict Bikramjit Singh came in front of Life Line Hospital along with a plastic bag containing Heroin, in the Bolero car, bearing registration No.PB31-H-9840. Thereafter, the police party headed by ASI Gulshanbir Singh gave beating, threw convict Bikramjit Singh in the vehicle and took him to the premises of Guru Nanak Tractor, Agency of Farma Tractors, Qadian Road, Batala, where Inspector Naurang Singh had also reached, who tortured him in the presence of PWs, culminating into his death. Thereafter, he threw his dead body in the canal.
(3.) Leveling a variety of allegations and narrating the sequence of events in detail in the final police report (Annexure P3), in all, the prosecution claimed that petitioners have hatched a criminal conspiracy with their other co-accused, illegally detained, kidnapped, tortured and murdered convict Bikramjit Singh. Not only that, they have thrown his dead body in the canal, in order to cause the evidence of commission of offences to disappear with the intention of screening the offenders from legal punishment. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the petitioners and their other co-accused, vide FIR No.128 dated 6.5.2014 (Annexure P1), on accusation of having committed the offences punishable u/ss 222, 223 &, 224, 302, 201, 364, 365, 342, 120-B and 149 IPC by the police of Police Station Civil Lines, Amritsar in the manner depicted here-in-above.;