The Punjab and Haryana High Court has granted regular bail to Nishan Singh, who had spent more than three years and seven months in custody in a case registered under provisions of the Unlawful Activities (Prevention) Act (UAPA), the IPC and the Arms Act.
A Division Bench of Justice Vinod S. Bhardwaj and Justice Sukhvinder Kaur allowed Singh's appeal against an April 29, 2026 order of the Additional Sessions Judge, SAS Nagar, which had refused him regular bail.
Background of the Case
The FIR was registered in January 2023 following information received by the State Special Operations Cell. During the investigation, Nishan Singh and a co-accused were arrested on January 17, 2023. The prosecution alleged recovery of a .32 bore pistol, four live cartridges and an unregistered motorcycle.
The prosecution also relied on the appellant's alleged disclosure statement and claimed that there were allegations concerning planned targeted violence. Singh's counsel, however, argued that he was not originally named in the FIR and pointed to the long period of custody and the slow progress of the trial.
Only one of the 16 prosecution witnesses had been examined when the matter reached the High Court.
Court Observations
The High Court noted that Singh had already remained in actual custody for three years and seven months. It also examined questions surrounding the prosecution's reliance on the alleged disclosure statement.
The Bench observed:
“There are arguable issues regarding the admissibility of the aforesaid disclosure and as to whether the same would fall within the parameters of Section 27 of the Evidence Act or whether it would be a confession of the accused, while in custody.”
The Court further noted that the alleged weapon recovery had taken place before the disclosure statement. It said the State had not pointed to evidence independently establishing a link between the appellant and the alleged gangsters, while no financial trail or weapons trail had been traced.
The Bench also recorded that Singh had no criminal antecedents apart from a prison offence arising from an alleged jail scuffle.
Court's Decision
Without commenting on the merits of the case, the High Court held that the period of custody, nature of evidence, stage of trial and questions concerning the disclosure statement justified regular bail.
The appeal was allowed, and Nishan Singh was ordered to be released on furnishing the required bail and surety bonds to the satisfaction of the trial court or the concerned Duty Magistrate.
The Court directed that he must not threaten or influence prosecution witnesses and clarified that its observations would not affect the trial on merits.
Case Details:
Case Title: Nishan Singh v. State of Punjab
Case Number: CRA-D-969-2026 (O&M)
Judge: Justice Vinod S. Bhardwaj and Justice Sukhvinder Kaur
Decision Date: August 20, 2026
