The High Court
Case Details
CRM-M-66964 66964-2025 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- 218 CRM-M-66964-2025 CRM Date of decision: 19.12.2025 Date of decision: KASHMIR SINGH @ KASHMIRA SINGH KASHMIR SINGH @ KASHMIRA SINGH KASHMIR SINGH @ KASHMIRA SINGH 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. Mr. Rudresh, Advocate for Mr. Harpreet Kaur, Advocate, Mr. Harpreet Kaur, 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 ***** 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 DDR No.31 dated 22.08.2023 under Sections 458, seeks anticipatory bail in DDR No.31 dated 22.08.2023 under Sections 458, DDR No.31 dated 22.08.2023 under Sections 458, seeks anticipatory bail in 5 IPC added later on) in FIR 323, 427, 148 and 149 IPC (Sections 326 and 325 IPC added later on) in FIR 323, 427, 148 and 149 IPC (Sections 326 and 32 323, 427, 148 and 149 IPC (Sections 326 and 32 No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, District Faridkot. 149 of IPC, at Police Station Sadar Faridkot, District Faridkot 149 of IPC, at Police Station Sadar Faridkot, District Faridkot 2. On 01.12.2025, 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 “ BNSS, 2023 is for grant of anticipatory bail to 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 petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 and 149 IPC (Sections 326 and 325 IPC added later on) in FIR and 149 IPC (Sections 326 and 325 IPC added later on) in FIR and 149 IPC (Sections 326 and 325 IPC added later on) in FIR and 149 IPC (Sections 326 and 325 IPC added later on) in FIR dated 21.08.2023 registered under Sections 458, 323, No.152 dated 21.08.2023 registered under Sections 458, 323, No.152 GURPREET 2025.12.22 18:35 I attest to the accuracy and authenticity of this document. CRM-M-66964 66964-2025 - -2- 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, District Faridkot. District Faridkot. Brief facts as per the case of the prosecution are that the Brief facts as per the case of the prosecution are that the Brief facts as per the case of the prosecution are that the petitioner along with other co-accused caused injuries to petitioner along with other co the accused caused injuries to the complainant and his companions, due to some old enmity. complainant and his companions, due to some old enmity. complainant and his companions, due to some old enmity. Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he petitioner has been falsely implicated in the present case and he petitioner has been falsely implicated in the present case and he petitioner has been falsely implicated in the present case and he has no concern with the said incident. She argues that in fact, it has no concern with the said incident. She argues that in fact, it has no concern with the said incident. She argues that in fact, it has no concern with the said incident. She argues that in fact, it version. She further argues that if is a case of version and cross version. She further argues that if version. She further argues that if is a case the contents of the FIR are taken to be true, even then no specific the contents of the FIR are taken to be true, even then no specific the contents of the FIR are taken to be true, even then no specific the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioner and he is injury has been attributed to the present petitioner and he is injury has been attributed to the present petitioner and he is injury has been attributed to the present petitioner and he is alleged to have raised only lalkara. She further argues that alleged to have raised only lalkara. She further argues that alleged to have raised only lalkara. She further argues that alleged to have raised only lalkara. She further argues that 326 IPC was added by the prosecution after a gap of Section 326 IPC was added by the prosecution after a gap of 326 IPC was added by the prosecution after a gap of Section more than one and a half year only to make the offence graver. more than one and a half year only to make the offence graver. more than one and a half year only to make the offence graver. more than one and a half year only to make the offence graver. She further submits that the petitioner was not even present at She further submits that the petitioner was not even present at She further submits that the petitioner was not even present at She further submits that the petitioner was not even present at accused the spot at the time of the occurrence. Further, co-accused the spot at the time of the occurrence. Further, co the spot at the time of the occurrence. Further, co already been granted the concession of Resham Singh has already been granted the concession of already been granted the concession of Resham Singh has ordinate Bench of this Court, vide anticipatory bail by a Co-ordinate Bench of this Court, vide ordinate Bench of this Court, vide anticipatory bail by a Co order dated 23.07.2025. Moreover, the petitioner has clean order dated 23.07.2025. Moreover, the petitioner has clean order dated 23.07.2025. Moreover, the petitioner has clean order dated 23.07.2025. Moreover, the petitioner has clean involved in any other case and no antecedents as he is not involved in any other case and no involved in any other case and no antecedents as he is not Learned counsel has further recovery is to be effected from him. Learned counsel has further recovery is to be effected from him. recovery is to be effected from him. submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join 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 investigation as and when called upon to do so by the investigating agency. investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent Punjab, accepts notic State and seeks e on behalf of respondent-State and seeks time to file status report in the matter. time to file status report in the matter. time to file status report in the matter. 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 the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be GURPREET 2025.12.22 18:35 I attest to the accuracy and authenticity of this document. CRM-M-66964 66964-2025 - -3- interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the interim bail on furnishing of bail/surety bonds to the admitted to 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. in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that Learned counsel for the petitioner submits that this Court, the petitioner has joined the the order dated 01.12.2025 passed by this Court, the petitioner has joined the this Court, the petitioner has joined the the order dated investigation. investigation. 4. Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from ASI Sukhwinder , has submitted that the petitioner has joined the Singh, has submitted that the petitioner has joined the , has submitted that the petitioner has joined the investigation 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 01.12.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated ing 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 Investigat to join investigation, as and when called by the Investigat 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 (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.22 18:35 I attest to the accuracy and authenticity of this document.