The High Court
Case Details
CRM-M-61869 61869-2025 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- 210 NAIB SINGH NAIB SINGH CRM-M-61869-2025 CRM Date of decision: 19.12.2025 Date of decision: PUNJAB STATE OF PUNJAB Versus Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Advocate Mr. Sukhdeep Singh Sidhu, Advocate for the petitioner. 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. Karanjeet Singh, Advocate Mr. Karanjeet Singh, 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.169 dated 04.09.2025, registered under seeks anticipatory bail in case FIR No.169 dated 04.09.2025, registered under FIR No.169 dated 04.09.2025, registered under seeks anticipatory bail in case of BNS (Section 109 of BNS, 2023 Sections 333, 118(1), 191(3), 190, 324(4) of BNS (Section 109 of BNS, 2023 of BNS (Section 109 of BNS, 2023 Sections 333, 118(1), 191(3), 190, 324(4) added lateron), at Police Station Raman, District Bathinda. added lateron), at Police Station Raman, District Bathinda added lateron), at Police Station Raman, District Bathinda 2. On 02.12.2025, following order was On was 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 “ petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the BNSS, 2023 is for grant of anticipatory bail to the case FIR No.169 dated 04.09.2025, registered under Sections case FIR No.169 dated 04.09.2025, registered under Sections case FIR No.169 dated 04.09.2025, registered under Sections case FIR No.169 dated 04.09.2025, registered under Sections 333, 118(1), 191(3), 190, 324(4) of BNS (Section 109 of BNS, 333, 118(1), 191(3), 190, 324(4) of BNS (Section 109 of BNS, 333, 118(1), 191(3), 190, 324(4) of BNS (Section 109 of BNS, 333, 118(1), 191(3), 190, 324(4) of BNS (Section 109 of BNS, 2023 added lateron), at Police Station Raman, District Bathinda. 2023 added lateron), at Police Station Raman, District Bathinda. 2023 added lateron), at Police Station Raman, District Bathinda. GURPREET 2025.12.24 11:00 I attest to the accuracy and authenticity of this document. CRM-M-61869 61869-2025 - -2- on Brief facts as per the prosecution case are that on Brief facts as per the prosecution case are that accused armed with 03.09.2025, the petitioner and the other co-accused armed with 03.09.2025, the petitioner and the other co 03.09.2025, the petitioner and the other co khanda, gandasa, sword, stick etc. entered the house of khanda, gandasa, sword, stick etc. entered the house of khanda, gandasa, sword, stick etc. entered the house of khanda, gandasa, sword, stick etc. entered the house of complainant and inflicted injuries to him and his family complainant and inflicted injuries to him and his family complainant and inflicted injuries to him and his family complainant and inflicted injuries to him and his family members. Hence, the present FIR. members. Hence, the present FIR. members. Hence, the present FIR. that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He further contends that there is an unexplained delay of 32 hours in further contends that there is an unexplained delay of 32 hours in further contends that there is an unexplained delay of 32 hours in further contends that there is an unexplained delay of 32 hours in lodging the FIR. Learned counsel contends that even if lodging the FIR. Learned counsel contends that even if lodging the FIR. Learned counsel contends that even if lodging the FIR. Learned counsel contends that even if es prosecution story is believed to be true even then also injuries prosecution story is believed to be true even then also injuri prosecution story is believed to be true even then also injuri attributed to the petitioner are on the arm and wrist of the attributed to the petitioner are on the arm and wrist of the attributed to the petitioner are on the arm and wrist of the attributed to the petitioner are on the arm and wrist of the complainant which have been declared simple in nature. Learned complainant which have been declared simple in nature. Learned complainant which have been declared simple in nature. Learned complainant which have been declared simple in nature. Learned counsel counsel counsel counsel further contends further contends further contends further contends that that that that in an another in an another in an another in an another incident, incident, incident, incident, complainant gave beatings to one Mela Singh and petitioner had complainant gave beatings to one Mela Singh and petitioner had complainant gave beatings to one Mela Singh and petitioner had complainant gave beatings to one Mela Singh and petitioner had said Mela Singh from the clutches of the got released said Mela Singh from the clutches of the said Mela Singh from the clutches of the got released complainant. Said Mela Singh gave an application to the police complainant. Said Mela Singh gave an application to the police complainant. Said Mela Singh gave an application to the police complainant. Said Mela Singh gave an application to the police against the complainant and due to the said grudge the against the complainant and due to the said grudge the against the complainant and due to the said grudge the against the complainant and due to the said grudge the complainant has implicated the petitioner in the present case. He complainant has implicated the petitioner in the present case. He complainant has implicated the petitioner in the present case. He complainant has implicated the petitioner in the present case. He further submits that even co-a further submits that even co ccused Bobby Singh was not accused Bobby Singh was not time of incident as he was already confined in present at the time of incident as he was already confined in time of incident as he was already confined in present at the Central Jail, Bathinda in some other case prior to the alleged Central Jail, Bathinda in some other case prior to the alleged Central Jail, Bathinda in some other case prior to the alleged Central Jail, Bathinda in some other case prior to the alleged occurrence which falsifies the story of the complainant. Learned occurrence which falsifies the story of the complainant. Learned occurrence which falsifies the story of the complainant. Learned occurrence which falsifies the story of the complainant. Learned used on the person of counsel contends that alleged injury caused on the person of counsel contends that alleged injury ca counsel contends that alleged injury ca Maghar Singh which has been declared as dangerous to life, is Maghar Singh which has been declared as dangerous to life, is Maghar Singh which has been declared as dangerous to life, is Maghar Singh which has been declared as dangerous to life, is not attributed to the present petitioner. Further, no recovery is to not attributed to the present petitioner. Further, no recovery is to not attributed to the present petitioner. Further, no recovery is to not attributed to the present petitioner. Further, no recovery is to be effected from the petitioner. Learned counsel has further be effected from the petitioner. Learned counsel has further be effected from the petitioner. Learned counsel has further be effected from the petitioner. Learned counsel has further willing to join the submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and submitted that the petitioner is ready and 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 while referring On the other hand, learned State counsel while referring On the other hand, learned State counsel while referring to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of legations levelled anticipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the al anticipatory bail, by submitting that the al against the petitioner are serious in nature as two injuries with against the petitioner are serious in nature as two injuries with against the petitioner are serious in nature as two injuries with GURPREET 2025.12.24 11:00 I attest to the accuracy and authenticity of this document. CRM-M-61869 61869-2025 khanda on the person of complainant, have been attributed to khanda on the person of complainant, have been attributed to khanda on the person of complainant, have been attributed to khanda on the person of complainant, have been attributed to him. He has further submitted that the petitioner is also involved him. He has further submitted that the petitioner is also involved him. He has further submitted that the petitioner is also involved him. He has further submitted that the petitioner is also involved by he is a habitual in multiple other cases meaning thereby he is a habitual in multiple other cases meaning there in multiple other cases meaning there - -3- offender. offender Adjourned to 19.12.2025. In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner 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 cy. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be cy. In the event of arrest, he shall be the Investigating Agen 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, 2023. 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 this Court, the petitioner has joined the the order dated 02.12.2025 passed by this Court, the petitioner has joined the this Court, the petitioner has joined the the order dated investigation. investigation. 4. , Advocate has put in appearance on behalf Mr. Karanjeet Singh, Advocate has put in appearance on behalf , Advocate has put in appearance on behalf Mr. and of the complainant and has filed his memorandum of appearance in Court, and of the complainant and has filed his memorandum of appearance in Court, of the complainant and has filed his memorandum of appearance in Court, bail application and submits that the accused has actively opposes the bail application and submits that the accused has actively bail application and submits that the accused has actively opposes the participated in the crime. participated in the crime. 5. instructions from ASI Learned counsel for the State, on instructions from ASI Learned counsel for the State, on Learned counsel for the State, on , has submitted that the petitioner has joined the investigation Parminder Singh, has submitted that the petitioner has joined the investigation , has submitted that the petitioner has joined the investigation Parminder 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. 6. 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 made absolute. The petitioner shall continue interim order dated 02.12.2025 is made absolute. The petitioner shall continue made absolute. The petitioner shall continue interim order dated 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. 19.12.2025 GURPREET Gurpreet 2025.12.24 11:00 I attest to the accuracy and authenticity of this document. i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE