The High Court
Case Details
CRM-M-49126 49126-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH 211 AMRIT SINGH AMRIT SINGH CRM-M-49126-2025 (O&M) Date of decision: 28.10.2025 .... Petitioner Versus STATE OF PUNJAB STATE OF PUNJAB .... Respondent CORAM:
Legal Reasoning
AMAN CHAUDHARY HON’BLE MR. JUSTICE AMAN CHAUDHARY Present: Mr. Akshay Chadha, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG Punjab. Mr. Manipal Singh Atwal, DAG Punjab ------ AMAN CHAUDHARY, J. (ORAL) AMAN CHAUDHARY 1. been filed by the petitioner under The present petition has been filed by the petitioner under been filed by the petitioner under seeking the Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 .2025, concession of anticipatory bail in case of FIR No. 88, dated 11.07.2025, concession of anticipatory bail in case of FIR No. concession of anticipatory bail in case of FIR No. registered under Sections 125, 351(2), 3, 3(5) registered under Sections Bharatiya Nyaya 125, 351(2), 3, 3(5) of the Bharatiya Nyaya Sanhita, 2023 2023 and Sections 25 and 27 of the Arms Act, 1959 at Police and Sections 25 and 27 of the Arms Act, 1959, at Police Station IT City City, District SAS Nagar. 2. On 03.09.2025, this Court had passed the following order: this Court had passed the following order:- “ Learned counsel submits that the petitioner has been Learned counsel submits that the petitioner has been Learned counsel submits that the petitioner has been the allegations against falsely implicated in this case and falsely implicated in this case and the allegations against accused him are based on a disclosure statement of co-accused him are based on a disclosure statement of co that he has given a point 32 bore countrymade pistol and that he has given a point 32 bore countrymade pistol and that he has given a point 32 bore countrymade pistol and Rs.25,000/-, who had fired the shot from the said , who had fired the shot from the said , who had fired the shot from the said weapon, however, there is no CCTV footage of the KFC weapon, however, there is no CCTV footage of the KFC weapon, however, there is no CCTV footage of the KFC Kharar, where allegedly this transaction had taken place. gedly this transaction had taken place. gedly this transaction had taken place. No recovery is to be affected from him . He is ready and No recovery is to be affected from him. He is ready and willing to join the investigation as and when required by willing to join the investigation as and when required by willing to join the investigation as and when required by the investigating agency and will cooperate. the investigating agency and will cooperate. HIMANSHU 2025.10.29 19:22 I attest to the accuracy and integrity of this document CRM-M-49126 49126-2025 (O&M) 2 Notice of motion. , At the asking of the Court, Mr. Manipal Singh Atwal, At the asking of the Court, Mr. - DAG Punjab accepts notice on behalf of respondent DAG Punjab accepts notice on behalf of respondent- State. Meanwhile, the petitioner is directed to join the Meanwhile, the petitioner is directed to join the Meanwhile, the petitioner is directed to join the investigation on or before .09.2025. In the event of investigation on or before 11.09.2025. In the event of his arrest, he shall be released on interim bail to the his arrest, he shall be released on interim bail to the his arrest, he shall be released on interim bail to the to to to satisfaction of compliance of conditions as enshrined under Section compliance of conditions as enshrined under Section compliance of conditions as enshrined under Section 482(2) of BNSS, 2023. However, it is clarified that if the petitioner does not However, it is clarified that if the petitioner does not However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as join and cooperate with the Investigating Agency as join and cooperate with the Investigating Agency as Officer, this required by the Arresting/Investigating Officer, this required by the Arresting/Investigating interim order shall be deemed to have been vacated. interim order shall be deemed to have been vacated. Adjourned to 28.10.2025.” Adjourned to 28.10.2025. he Arresting Officer, subject the Arresting Officer, subject he Arresting Officer, subject 3. - Learned counsel submits that in pursuance of the afore Learned counsel submits that in pursuance of the afore- mentioned order, the petitioner has not only joined investigation but also mentioned order, the petitioner has not only joined investigation but also mentioned order, the petitioner has not only joined investigation but also mentioned order, the petitioner has not only joined investigation but also investigating agency. He further submits that in fully cooperated with the investigating agency. He further submits that in investigating agency. He further submits that in fully cooperated with the to appear, he shall case the investigating agency requires the petitioner to appear, he shall case the investigating agency requires the petitioner case the investigating agency requires the petitioner make himself available without demur. make himself available without demur. 4. Learned State counsel on instructions affirms the factum of Learned State counsel on instructions affirms the factum of Learned State counsel on instructions affirms the factum of joining the investigation by the petitioner joining the investigation by th and cooperating with the e petitioner and cooperating with the is not investigating agency. He also submits that at this stage, the petitioner is not investigating agency. He also submits that at this stage, the petitioner investigating agency. He also submits that at this stage, the petitioner required for further custodial interrogation. required for further custodial interrogation. 5. In view of the above and without expressing any opinion on In view of the above and without expressing any opinion on In view of the above and without expressing any opinion on the merits of the case, antic ipatory bail petition filed by the petitioner is merits of the case, anticipatory bail petition filed by the petitioner is ipatory bail petition filed by the petitioner is granting interim bail to him, is allowed and the order dated 03.09.2025 granting interim bail to him, is granting interim bail to him, is allowed and the order dated hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023. under Section 6. However, it is made clear that if the petitioner fails to join and However, it is made clear that if the petitioner fails to join and However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present would be at liberty to move an application for cancellation of the present HIMANSHU 2025.10.29 19:22 I attest to the accuracy and integrity of this document CRM-M-49126 49126-2025 (O&M) 3 anticipatory bail granted to him. anticipatory bail granted to him. (AMAN CHAUDHARY AMAN CHAUDHARY) JUDGE 28.10.2025 himanshu Whether speaking/reasoned: Whether reportable: Yes/No Yes/No HIMANSHU 2025.10.29 19:22 I attest to the accuracy and integrity of this document