AMRINDER SINGH AND ANOTHER AMRINDER SINGH AND ANOTHER v. PUNJAB STATE OF PUNJAB s
Case Details
CRM-M-54724 54724-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 303 CRM CRM-M-54724-2025 Date of decision: 01.12.2025 Date of decision: AMRINDER SINGH AND ANOTHER AMRINDER SINGH AND ANOTHER Versus PUNJAB STATE OF PUNJAB s ….Petitioners ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Jasdev Singh Mehndiratta, Sr. Advocate with Present:- Mr. Jasdev Singh Mehndiratta, Sr. Advocate with Mr. Jasdev Singh Mehndiratta, Sr. Advocate with Mr. Jyotnoor Kaur Sethi, Advocate Mr. Jyotnoor Kaur Sethi, Advocate Mr. Jyotnoor Kaur Sethi, Advocate for the petitioners. for the petitioner Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Ramandeep, Advocate Mr. Ramandeep, Advocate for the complainant. for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.113 dated 22.07.2025 registered under seeks anticipatory bail in case FIR No.113 dated 22.07.2025 registered under FIR No.113 dated 22.07.2025 registered under seeks anticipatory bail in case ctions 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya Sections 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya ctions 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya ctions 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were added later Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were added later Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were added later Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were added later . on), at Police Station Pasyana, District Patiala. on), at Police Station Pasyana, District Patiala 2. On 11.11.2025, following order had been passed: On .2025, following order had been passed: - Prayer in the present petition filed under Section 482 of the “Prayer in the present petition filed under Section 482 of the Prayer in the present petition filed under Section 482 of the “ BNSS, 2023 is for grant of anticipatory bail to the petitioners in BNSS, 2023 is for grant of anticipatory bail to the petitioners in BNSS, 2023 is for grant of anticipatory bail to the petitioners in BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.113 dated 22.07.2025 registered under Sections case FIR No.113 dated 22.07.2025 registered under Sections case FIR No.113 dated 22.07.2025 registered under Sections case FIR No.113 dated 22.07.2025 registered under Sections 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya 115(2), 118(1), 126(2), 190, 191(3) and 351(2) of the Bharatiya GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-54724 54724-2025 - -2- Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were Nyaya Sanhita, 2023 (Sections 118(3) and 109 of the BNS were added later on), at Police Station Pasyana, District Patiala. added later on), at Police Station Pasyana, District Patiala. added later on), at Police Station Pasyana, District Patiala. At the outset, learned senior counsel for the petitioners At the outset, learned senior counsel for the petitioners At the outset, learned senior counsel for the petitioners - submits that he does not press the petition qua petitioner No.1 submits that he does not press the petition qua petitioner No.1- submits that he does not press the petition qua petitioner No.1 r Singh and restricts his prayer for grant of anticipatory Amrinder Singh and restricts his prayer for grant of anticipatory r Singh and restricts his prayer for grant of anticipatory Amrinde bail to petitioner No.2 only, at this stage. bail to petitioner No.2 only, at this stage. bail to petitioner No.2 only, at this stage. Accordingly, petition qua petitioner No.1 stands dismissed Accordingly, petition qua petitioner No.1 stands dismissed Accordingly, petition qua petitioner No.1 stands dismissed as withdrawn. as withdrawn. Brief facts as per the prosecution case are that the Brief facts as per the prosecution case are that the Brief facts as per the prosecution case are that the accused had caused injuries to petitioners along with other co-accused had caused injuries to accused had caused injuries to petitioners along with oth the complainant and gave beatings to him. the complainant and gave beatings to him. the complainant and gave beatings to him. Learned counsel for the petitioners contends that the Learned counsel for the petitioners contends that the Learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. He petitioners have been falsely implicated in the present case. He petitioners have been falsely implicated in the present case. He petitioners have been falsely implicated in the present case. He 5 but argued that the alleged occurrence took place on 19.07.2025 but argued that the alleged occurrence took place on 19.07.202 argued that the alleged occurrence took place on 19.07.202 on 22.07.2025 i.e. after an the FIR in question was registered on 22.07.2025 i.e. after an the FIR in question was registered the FIR in question was registered unexplained delay of 03 days, casting serious doubt on the unexplained delay of 03 days, casting serious doubt on the unexplained delay of 03 days, casting serious doubt on the unexplained delay of 03 days, casting serious doubt on the prosecution story, despite the fact that the complainant having prosecution story, despite the fact that the complainant having prosecution story, despite the fact that the complainant having prosecution story, despite the fact that the complainant having r been declared fit by the doctor to make his statement. He further been declared fit by the doctor to make his statement. He furthe been declared fit by the doctor to make his statement. He furthe argued that specific injury with sharp edged weapon has been argued that specific injury with sharp edged weapon has been argued that specific injury with sharp edged weapon has been argued that specific injury with sharp edged weapon has been accused Puran Singh. He further argued that attributed to co-accused Puran Singh. He further argued that accused Puran Singh. He further argued that attributed to co Section 109 of BNS has been added on Section 109 of BNS has been added on Section 109 of BNS has been added on Section 109 of BNS has been added on the basis of the basis of the basis of the basis of supplementary statement of the complainant dated 15.08.2025 supplementary statement of the complainant dated 15.08.2025 supplementary statement of the complainant dated 15.08.2025 supplementary statement of the complainant dated 15.08.2025 ce graver, which has been deleted later on only to make the offence graver, which has been deleted later on ce graver, which has been deleted later on only to make the offen vide DDR No.31 dated 03.11.2025. It has also been contended vide DDR No.31 dated 03.11.2025. It has also been contended vide DDR No.31 dated 03.11.2025. It has also been contended vide DDR No.31 dated 03.11.2025. It has also been contended Moni Lal has that as per the prosecution, petitioner No.2-Moni Lal has that as per the prosecution, petitioner No.2 that as per the prosecution, petitioner No.2 inflicted injury No.2 on the right elbow of the complainant with inflicted injury No.2 on the right elbow of the complainant with inflicted injury No.2 on the right elbow of the complainant with inflicted injury No.2 on the right elbow of the complainant with ion and as per MLR, has been iron khapra, which is an abrasion and as per MLR, has been ion and as per MLR, has been iron khapra, which is an abras accused Gurmail Singh, declared simple in nature. Further, co-accused Gurmail Singh, declared simple in nature. Further, co declared simple in nature. Further, co Amandeep Singh, Gurinder Singh and Karanbir Singh have Amandeep Singh, Gurinder Singh and Karanbir Singh have Amandeep Singh, Gurinder Singh and Karanbir Singh have Amandeep Singh, Gurinder Singh and Karanbir Singh have already been granted the concession of anticipatory bail by this already been granted the concession of anticipatory bail by this already been granted the concession of anticipatory bail by this already been granted the concession of anticipatory bail by this ounsel has further Court, vide order dated 22.09.2025. Learned counsel has further Court, vide order dated 22.09.2025. Learned c Court, vide order dated 22.09.2025. Learned c submitted that petitioner No.2 is ready and willing to join the submitted that petitioner No.2 is ready and willing to join the submitted that petitioner No.2 is ready and willing to join the GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-54724 54724-2025 - -3- investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigating agency. investigating agency. On the other hand, learned State counsel has opposed the On the other hand, learned State counsel has opposed the On the other hand, learned State counsel has opposed the ail, by submitting that the prayer for grant of anticipatory bail, by submitting that the prayer for grant of anticipatory b prayer for grant of anticipatory b allegations levelled against the petitioner are serious in nature. allegations levelled against the petitioner are serious in nature. allegations levelled against the petitioner are serious in nature. allegations levelled against the petitioner are serious in nature. He has further submitted that the petitioner along with other He has further submitted that the petitioner along with other He has further submitted that the petitioner along with other He has further submitted that the petitioner along with other accused had attacked the complainant brutally and caused accused had attacked the complainant brutally and caused accused had attacked the complainant brutally and caused accused had attacked the complainant brutally and caused ot controverted the serious injuries to him. However, he has not controverted the serious injuries to him. However, he has n serious injuries to him. However, he has n fact that Section 109 of BNS, 2023 has been deleted. fact that Section 109 of BNS, 2023 has been deleted. fact that Section 109 of BNS, 2023 has been deleted. Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner serve has played an active role in the crime and, thus, does not deserve has played an active role in the crime and, thus, does not de has played an active role in the crime and, thus, does not de the concession of bail. the concession of bail. Adjourned to 29.11.2025. In the meantime, the petitioner No.2 is directed to join In the meantime, the petitioner No.2 is directed to join In the meantime, the petitioner No.2 is directed to join investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be Agency. In the event of arrest, he shall be the Investigating admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 482(2) of BNSS, 202 3. Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of .2025 passed by this Court, the petitioner has joined the the order dated 11.11.2025 passed by this Court, the petitioner has joined the .2025 passed by this Court, the petitioner has joined the the order dated investigation. investigation. 4. State, on instructions from ASI Learned counsel for the State, on instructions from ASI State, on instructions from ASI Learned counsel for the ted that the petitioner has joined the investigation Bhagwant Singh, has submitted that the petitioner has joined the investigation ted that the petitioner has joined the investigation Bhagwant Singh and is no longer required for further investigation. and is no longer required for further investigation. and is no longer required for further investigation. 5. In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall continue interim order dated 11.11.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-54724 54724-2025 to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. - -4- 01.12.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document.