Kamaljit Singh v. State of Punjab

Judgment

1. 482 of Bharatiya Present petition has been filed under Section 482 of Bharatiya Present petition has been filed Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) bail to the petitioner in case bearing FIR for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR bail to the petitioner in case bearing FIR for grant of No.38 dated , registered for the offences punishable under dated 27.04.2025, registered for the offences punishable under , registered for the offences punishable under Sections 115(2), 118(1), 351(3), 118(2), 109 of BNS, 2023 at Police Station 115(2), 118(1), 351(3), 118(2), 109 of BNS, 2023 at Police Station 118(1), 351(3), 118(2), 109 of BNS, 2023 at Police Station Nakodar, District Jalandhar. Nakodar, District Jalandhar.

The gravamen of the FIR in question reflects that the FIR has The gravamen of the FIR in question reflects that the FIR has The gravamen of the FIR in question reflects that the FIR has Bhupinder Singh, been registered on the statement of complainant namely Bhupinder Singh, been registered on the statement of complainant namely been registered on the statement of complainant namely

26.04.2025 at about 3:30 PM, while he along with who alleged that on 26.04.2025 at about 3:30 PM, while he along with 26.04.2025 at about 3:30 PM, while he along with who alleged that on Sarpanch Rupinder Singh was present near Nakodar Bus Stand, the Kamaljit Sarpanch Rupinder Singh was present near Nakodar Bus Stand, the Kamaljit Sarpanch Rupinder Singh was present near Nakodar Bus Stand, the Kamaljit Sarpanch Rupinder Singh was present near Nakodar Bus Stand, the Kamaljit Singh (petitioner herein) arrived at the spot in a black Scorpio vehicle armed (petitioner herein) arrived at the spot in a black Scorpio vehicle armed arrived at the spot in a black Scorpio vehicle armed with a sickle-shaped sharp-edged weapon. It with a sickle alleged that edged weapon. It has been further alleged that the petitioner, without provocation, had the petitioner launched an attack upon the had launched an attack upon the vital parts of his complainant and inflicted multiple blows aimed at the vital parts of his complainant and inflicted multiple blows aimed at complainant and inflicted multiple blows aimed at himself, sustained injuries on body. The complainant, in an attempt to save himself, sustained injuries on body. The complainant, in an attempt to body. The complainant, in an attempt to CRM-M- -24954-2026 2 further alleged that the petitioner his hands and fingers. It has been further alleged that the petitioner further alleged that the petitioner his hands and finge injuries on the arm and head of the continued the assault and caused injuries on the arm and head of the injuries on the arm and head of the continued the assault Rupinder Singh when complainant and also inflicted injuries upon Sarpanch Rupinder Singh when complainant and also inflicted injuries upon complainant and also inflicted injuries upon he tried to tried to intervene. On account of the multiple injuries su On account of the multiple injuries sustained by both the victims victims (i.e. the complainant and Sarpanch) admitted to (i.e. the complainant and Sarpanch), they were admitted to hospital. The medical record reflects multiple injuries, including at least one hospital. The medical record reflects multiple injuries, including at least one hospital. The medical record reflects multiple injuries, including at least one hospital. The medical record reflects multiple injuries, including at least one grievous injury attributed to a sharp-edged weapon. grievous injury attributed to a sharp While fleeing from the edged weapon. While fleeing from the scene of occurrence, the accused-petitioner scene of occur threats to the petitioner had extended threats to the complainant. On these set of allegations, the complainant. FIR in question came to be On these set of allegations, the FIR in question came to be registered and investigation ensued. registered and investigation ensued.

3. has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner petitioner has been falsely implicated in the instant petitioner case and the allegations in the instant case and the allegations levelled in the FIR are wholly concocted and motivated by prior enmity levelled in the FIR are wholly concocted and motivated by prior enmity levelled in the FIR are wholly concocted and motivated by prior enmity levelled in the FIR are wholly concocted and motivated by prior enmity Learned counsel has further iterated that the between the parties. Learned counsel has further iterated that the Learned counsel has further iterated that the between the parties. complainant nurses a grudge against the petitioner complainant and the present FIR has grudge against the petitioner and the present FIR has been lodged as a counterblast to FIR No.61 dated 26.04.2025, which has been lodged as a counterblast to FIR No.61 dated 26.04.2025, which been lodged as a counterblast to FIR No.61 dated 26.04.2025, which registered at the instance of the petitioner against the complainant side been registered at the instance of the petitioner against the complainant side registered at the instance of the petitioner against the complainant side registered at the instance of the petitioner against the complainant side regarding an earlier occurrence. It has been regarding an earlier occurrence. further contended that the has been further contended that the therefore, the case arises out of a version and cross-version and, therefore, the case arises out of a version and present case arises out of a version and question as to who was the aggressor can only be determined during the question as to who was the aggressor can only be determined during the question as to who was the aggressor can only be determined during the question as to who was the aggressor can only be determined during the course of trial. According to learned counsel, course of trial. the complainant has According to learned counsel, the complainant has deliberately suppressed the true and material deliberately suppressed the true implicated and material facts and has falsely implicated the petitioner as the sole aggressor. It has been further submitted the petitioner as the sole aggressor. that no It has been further submitted that no to the petitioner and the allegations are specific role has been attributed to the petitioner and the allegations are to the petitioner and the allegations are specific role It has been further argued that there is no vague and unsubstantiated. It has been further argued that there is no It has been further argued that there is no vague and unsubstantiated. CRM-M- -24954-2026 3 pendent or corroborative material to connect the petitioner with the independent or corroborative material to connect the petitioner with the pendent or corroborative material to connect the petitioner with the pendent or corroborative material to connect the petitioner with the alleged offence. Learned counsel has emphasized that the alleged offence. Learned counsel has emphasized that the petitioner has himself sustained injuries in the earlier occurrence which falsifies the himself sustained injuries in the earlier occurrence which falsifies the himself sustained injuries in the earlier occurrence which falsifies the himself sustained injuries in the earlier occurrence which falsifies the of the petitioner in the present prosecution version and false implication of the petitioner in the present prosecution version and false implication prosecution version and false implication case. It has been further submitted that no recovery is to be effected from It has been further submitted that no recovery is to be effected from that no recovery is to be effected from custodial interrogation is not required in the the petitioner and, therefore, the custodial interrogation is not required in the custodial interrogation is not required in the the petitioner and facts and circumstances of the case. Furthermore, the petitioner facts and circumstances of the case. has clean Furthermore, the petitioner has clean antecedents; has deep roots in society and there is antecedents no likelihood of the and there is no likelihood of the prosecution evidence. petitioner fleeing from justice or tampering with the prosecution evidence. petitioner fleeing from justice or tampering with petitioner fleeing from justice or tampering with Moreover, the petitioner is ready to join the investigation Moreover, the petitioner is ready to join the investigation and hence useful purpose would be served by sending useful purpose would be him behind the bars. On the served by sending him behind the bars. On the strength of these submissions, a prayer has been made for grant of strength of these submissions, a prayer has been made for grant of strength of these submissions, a prayer has been made for grant of strength of these submissions, a prayer has been made for grant of anticipatory bail to the petitioner. anticipatory bail to the petitioner.

4. earned State counsel has opposed the grant of Per contra, learned State counsel has opposed the grant of earned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the anticipatory bail to the petitioner by a has been rguing that the petitioner has been direct allegations of having specifically named in the FIR with clear and direct allegations of having specifically named in the FIR with clear specifically named in the FIR with clear edged weapon. assaulted the complainant and another injured with a sharp-edged weapon. assaulted the complainant and another injured with a sharp assaulted the complainant and another injured with a sharp nature and manner of the Learned State counsel has iterated that the nature and manner of the Learned State counsel has iterated that the Learned State counsel has iterated that the that the petitioner was the main aggressor, who occurrence clearly reflects that the petitioner was the main aggressor, who that the petitioner was the main aggressor, who occurrence clearly came armed with a deadly weapon and inflicted repeated blows on vital came armed with a deadly weapon and inflicted repeated blows on vital came armed with a deadly weapon and inflicted repeated blows on vital came armed with a deadly weapon and inflicted repeated blows on vital parts of the body of the complainant with an intention to cause serious parts of the body of the complainant with an intention to cause serious parts of the body of the complainant with an intention to cause serious parts of the body of the complainant with an intention to cause serious injury. Furth medical evidence on record corroborates the ocular Furthermore, the medical evidence on record corroborates the ocular medical evidence on record corroborates the ocular one of which has been declared version and reflects multiple injuries, one of which has been declared one of which has been declared version and reflects multiple injuries grievous in nature. It has been further submitted that the grievous in nature. CCTV footage of It has been further submitted that the CCTV footage of the place of occurrence, prima facie supports the place of occurrence, the prosecution version and supports the prosecution version and CRM-M- -24954-2026 4 Learned State connects the petitioner with the commission of the offence. Learned State connects the petitioner with the commission of the offence. connects the petitioner with the commission of the offence. weapon of offence is yet to be recovered counsel has emphasized that the weapon of offence is yet to be recovered weapon of offence is yet to be recovered counsel has emphasized that the and, therefore, custodial interrogation of the petitioner is necessary for , therefore, the custodial interrogation of the petitioner is necessary for custodial interrogation of the petitioner is necessary for fective investigation and for unearthing the complete chain of events. fective investigation and for unearthing the complete chain of events. effective investigation and for unearthing the complete chain of events. It that in case the petitioner is granted has been further contended that in case the petitioner is granted has been further contended anticipatory bail, it may adversely affect the investigation, as concession of anticipatory bail, it may adversely affect the investigation, as anticipatory bail, it may adversely affect the investigation, as concession of petitioner influencing witnesses or tampering there is every likelihood of the petitioner influencing witnesses or tampering petitioner influencing witnesses or tampering there is every likelihood of the with evidence. Considering the gravity of the offence with evidence. the manner in Considering the gravity of the offence and the manner in is prayed for. which it was committed, the dismissal of the petition in hand is prayed for. which it was committed, the dismissal of the petition which it was committed, the dismissal of the petition

5. and have I have heard the learned counsel for the rival parties and have I have heard the learned counsel for the gone through the available record of the case. gone through the available record of the case. gone through the available record of the case.

6. It would be apposite to refer herein to a judgment passed by the It would be apposite to refer herein to a judgment passed by the It would be apposite to refer herein to a judgment passed by the Sumitha Pradeep vs. Arun Hon’ble Supreme Court in the case titled as Sumitha Pradeep vs. Arun Hon’ble Supreme Court in the case titled as Hon’ble Supreme Court in the case titled as hereof Kumar C.K. and another, 2022(4) RCR (Criminal) 977, relevant whereof Kumar C.K. and another, 2022(4) RCR (Criminal) 977, Kumar C.K. and another, 2022(4) RCR (Criminal) 977, reads as under: reads as under: “12. In a case containing such serious allegations, the High Court In a case containing such serious allegations, the High Court In a case containing such serious allegations, the High Court ought not to have exercised its jurisdiction in granting protection against ought not to have exercised its jurisdiction in granting protection against ought not to have exercised its jurisdiction in granting protection against hand to take the arrest, as the Investigating Officer deserves freehand to take the arrest, as the Investigating Officer deserves free logical conclusion. It goes without saying that investigation to its logical conclusion. It goes without saying that logical conclusion. It goes without saying that appearance before the Investigating Officer who, has been prevented appearance before the Investigating Officer who, has been prevented appearance before the Investigating Officer who, has been prevented from subjecting Respondent No.1 to custodial interrogation, can hardly from subjecting Respondent No.1 to custodial interrogation, can hardly from subjecting Respondent No.1 to custodial interrogation, can hardly be fruitful to find out the prima facie substance in the allegations, which be fruitful to find out the prima facie substance in the allegations, are of extreme serious in nature. Be that as it may, even assuming it a case where Respondent No.1 “15. Be that as it may, even assuming it a case where Respondent No.1 Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High is not required for custodial interrogation, we are satisfied that the High is not required for custodial interrogation, we are satisfied that the High have granted discretionary relief of anticipatory bail. Court ought not to have granted discretionary relief of anticipatory bail. have granted discretionary relief of anticipatory bail. We are dealing with a matter wherein the original complainant 16. We are dealing with a matter wherein the original complainant We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the (appellant herein) has come before this Court praying that the (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be anticipatory bail granted by the High Court to the accused should be anticipatory bail granted by the High Court to the accused should be CRM-M- -24954-2026 5 r words, the complainant says that the High cancelled. To put it in other words, the complainant says that the High r words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to Court wrongly exercised its discretion while granting anticipatory bail to Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order the accused in a very serious crime like POCSO and, therefore, the order the accused in a very serious crime like POCSO and, therefore, the order ed should passed by the High Court granting anticipatory bail to the accused should passed by the High Court granting anticipatory bail to the accus be quashed and set aside. In many anticipatory bail matters, we have be quashed and set aside. In many anticipatory bail matters, we have be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial noticed one common argument being canvassed that no custodial noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. interrogation is required and, therefore, anticipatory bail may be granted. interrogation is required and, therefore, anticipatory bail may be granted. tion of law that if no case for There appears to be a serious misconception of law that if no case for There appears to be a serious misconcep custodial interrogation is made out by the prosecution, then that alone custodial interrogation is made out by the prosecution, then that alone custodial interrogation is made out by the prosecution, then that alone would be a good ground would be a good ground would be a good ground to grant anticipatory bail. Custodial to grant anticipatory bail. Custodial to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along interrogation can be one of the relevant aspects to be considered along interrogation can be one of the relevant aspects to be considered along while deciding an application seeking anticipatory with other grounds while deciding an application seeking anticipatory while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the bail. There may be many cases in which the custodial interrogation of the bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie accused may not be required, but that does not mean that the prima facie accused may not be required, but that does not mean that the prima facie nd he should case against the accused should be ignored or overlooked and he should case against the accused should be ignored or overlooked a be granted anticipatory bail. The first and foremost thing that the court be granted anticipatory bail. The first and foremost thing that the court be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima hearing an anticipatory bail application should consider is the prima hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the facie case put up against the accused. Thereafter, the nature of the facie case put up against the accused. Thereafter, the nature of the along with the severity of the punishment. offence should be looked into along with the severity of the punishment. along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline anticipatory Custodial interrogation can be one of the grounds to decline anticipatory Custodial interrogation can be one of the grounds to decline anticipatory bail. However, even if custodial interrogation is not required or bail. However, even if custodial interrogation is not required or bail. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.” necessitated, by itself, cannot be a ground to grant anticipatory bail.”

7. As per the case put forth in the FIR in question, indubitably, As per the case put forth in the FIR in question, indubitably, As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations serious allegations have been levelled against the petitioner. The allegations in the present case disclose a grave and heinous offence wherein the in the present case disclose a grave and heinous offence wherein the in the present case disclose a grave and heinous offence wherein the in the present case disclose a grave and heinous offence wherein the petitioner is alleged to have launched an petitioner is alleged to attack upon the complainant and launched an attack upon the complainant and inflicted multiple blows aimed at the vital parts of his body. inflicted multiple blows aimed at As per the FIR, vital parts of his body. As per the FIR, the petitioner, armed with sickle-shaped sharp the petitioner, armed with , waylaid the shaped sharp-edged weapon, waylaid the ibuted complainant and subjected him to assault. The petitioner has been attributed complainant and subjected him to assault. complainant and subjected him to assault. a direct and active role in the commission of the offence. The allegations are a direct and active role in the commission of the offence. The allegations are a direct and active role in the commission of the offence. The allegations are a direct and active role in the commission of the offence. The allegations are not general or omnibus in nature but disclose a specific act of assault with a not general or omnibus in nature but disclose a specific act of assault with a not general or omnibus in nature but disclose a specific act of assault with a not general or omnibus in nature but disclose a specific act of assault with a deadly weapon. The medical evidence prima facie deadly weapon. The medical evidence supports the prosecution prima facie supports the prosecution case which reflect multiple injuries, including grievous injury, caused by a which reflects multiple injuries, including grievous injury, caused by a multiple injuries, including grievous injury, caused by a CRM-M- -24954-2026 6 sharp-edged weapon. edged weapon. The plea with regard to the of a version and with regard to the existence of a version and cross-version version is a matter that may be examined during trial, is a matter that may be examined during the course of trial, d for grant of anticipatory however, the same cannot be made a sole ground for grant of anticipatory however, the same cannot be made a sole groun however, the same cannot be made a sole groun bail when there are specific and grave allegations. bail when there are specific The medical evidence on allegations. The medical evidence on record corroborates and prima facie establishes that the complainant record corroborates and establishes that the complainant has and lends support to the prosecution version. The suffered grievous injury and lends support to the prosecution version. The and lends support to the prosecution version. The suffered grievous injur ure of injuries cannot be termed as simple or self inflicted. The manner nature of injuries cannot be termed as simple or self inflicted. The manner ure of injuries cannot be termed as simple or self inflicted. The manner ure of injuries cannot be termed as simple or self inflicted. The manner in which the alleged assault was carried out using deadly weapon in which the alleged assault was carried out using deadly weapon in which the alleged assault was carried out using deadly weapon in which the alleged assault was carried out using deadly weapon . No cause demonstrates the violent and aggressive conduct of the petitioner. No cause demonstrates the violent and aggressive conduct of the demonstrates the violent and aggressive conduct of the is stage, from which it can be plausible cause has been shown, at this stage, from which it can be plausible cause has been shown, at th nay plausible cause has been shown, at th deciphered that the petitioner has been falsely implicated into the present deciphered that the petitioner has been falsely implicated into the present deciphered that the petitioner has been falsely implicated into the present deciphered that the petitioner has been falsely implicated into the present FIR.

8. on account of a Furthermore, the plea of false implication on account of a Furthermore, the plea of false implication cross-case is a disputed question of fact which cannot be adjudicated upon case is a disputed question of fact which cannot be adjudicated upon is a disputed question of fact which cannot be adjudicated upon e considering a petition for grant of anticipatory bail. It is well settled while considering a petition for grant of anticipatory bail. It is well settled e considering a petition for grant of anticipatory bail. It is well settled e considering a petition for grant of anticipatory bail. It is well settled that while exercising jurisdiction under Section 482 BNS, the Court must that while exercising jurisdiction under Section 482 BNS, the Court must that while exercising jurisdiction under Section 482 BNS, the Court must that while exercising jurisdiction under Section 482 BNS, the Court must consider the nature and gravity of the accusation, the role attributed to the consider the nature and gravity of the accusation, the role attributed to the consider the nature and gravity of the accusation, the role attributed to the consider the nature and gravity of the accusation, the role attributed to the eeing from justice and the possibility of accused, the likelihood of fleeing from justice and the possibility of eeing from justice and the possibility of accused, the likelihood of fl tampering with evidence of tampering with evidence of tampering with evidence of tampering with evidence of influencing witnesses. The scope of influencing witnesses. The scope of influencing witnesses. The scope of influencing witnesses. The scope of consideration of evidence/material at the stage of anticipatory bail is limited consideration of evidence/material at the stage of anticipatory bail is limited consideration of evidence/material at the stage of anticipatory bail is limited consideration of evidence/material at the stage of anticipatory bail is limited and the Court cannot go into the detailed appreciation of evidence or and the Court cannot go into the detailed appreciation of evidence or and the Court cannot go into the detailed appreciation of evidence or and the Court cannot go into the detailed appreciation of evidence or etermine its admissibility, which is a matter to be decided during the determine its admissibility, which is a matter to be decided during the etermine its admissibility, which is a matter to be decided during the etermine its admissibility, which is a matter to be decided during the At this stage, there is no material on record to hold that course of trial. At this stage, there is no material on record to hold that At this stage, there is no material on record to hold that course of trial. case is not made out against the petitioner. The plea of false prima facie case is not made out against the petitioner. The plea of false case is not made out against the petitioner. The plea of false prima facie enmity is vague and unsubstantiated. No implication on account of previous enmity is vague and unsubstantiated. No enmity is vague and unsubstantiated. No implication on account of previous CRM-M- -24954-2026 7 material has been placed on record to show existence of any such enmity or material has been placed on record to show existence of any such enmity or material has been placed on record to show existence of any such enmity or material has been placed on record to show existence of any such enmity or motive for false implication. Bald assertions without supporting evidence motive for false implication. Bald assertions without supporting evidence motive for false implication. Bald assertions without supporting evidence motive for false implication. Bald assertions without supporting evidence erial which cannot be made the basis for grant of anticipatory bail. The material which cannot be made the basis for grant of anticipatory bail. cannot be made the basis for grant of anticipatory bail. has come on record, including the medical evidence and preliminary has come on record, including the medical evidence and preliminary has come on record, including the medical evidence and preliminary has come on record, including the medical evidence and preliminary investigation, appear investigation, appear to be established a reasonable basis for the to be established a reasonable basis for the to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as petitioner, as petitioner, as petitioner, as it would necessarily cause it would necessarily cause it would necessarily cause it would necessarily cause impediment impediment impediment impediment in effective in effective in effective in effective