IN THE PUNJAB AND HARYANA HIGH COURT AT 208(A) Anant Ram State of Punjab CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: SHALINI SINGH 1. FIR No.58 dated and Section 3 of Prevention of Damage to Public Property Act, 1984, Police Station Bahawala, Fazilka. anticipatory bail. 2. order was passed: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM- Date of decision: V/S Punjab CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Mr. Piyush Setia, Advocate for the petitioner. Mr. Sukhbeer Singh, DAG, Punjab **** SHALINI SINGH NAGPAL J. (Oral) Petitioner seeks anticipatory bail dated 21.05.2025, under Section and Section 3 of Prevention of Damage to Public Property Act, 1984, Police Station Bahawala, Fazilka. This is bail. While issuing notice of motion passed:- “The instant petition under Section 482 of BNSS, 2023 (438 of Cr.P.C.), has been filed for grant of anticipatory bail to the petitioner in case 21.05.2025, registered under Sections 324(3), 326(a) of BNS and Section 3 of Prevention of Damage to Public Property Act, 1984, at Police Station Bahawala, Fazilka. IN THE PUNJAB AND HARYANA HIGH COURT AT -M-21269-2026 (O&M) Date of decision: 13.07.2026 …Petitioner …Respondent CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL for the petitioner. Mr. Sukhbeer Singh, DAG, Punjab. Petitioner seeks anticipatory bail in case arising out of , under Sections 324(3), 326(a) of BNS and Section 3 of Prevention of Damage to Public Property Act, 1984, is the first petition for on 20.04.2026, following The instant petition under Section 482 of BNSS, Cr.P.C.), has been filed for grant of petitioner in case FIR No.58 dated 21.05.2025, registered under Sections 324(3), 326(a) of BNS and Section 3 of Prevention of Damage to Public Police Station Bahawala, Fazilka. KAPIL 2026.07.13 18:59 I attest to the accuracy and integrity of this document CRM-M-21269- photographs of the canal placed on record. It is purpose. With regard to the -2026 (O&M) Learned counsel for the petitioner contended that a dispute regarding the water channel had arisen in the year 2024; however, the same was amicably resolved with the intervention of the respectable members of is submitted that the water channel continues to exist and remains in operational condition even at present, and attention of this Hon’ble Court is drawn to the photographs of the canal placed on record. It is submitted that the present FIR was registered on 01.05.2025 and, except for the offence under Section 3 of the Prevention of Damage to Public all other alleged offences are bailable in nature, and maximum punishment provided for the offence is up to five years. Learned counsel submits that the petitioner is not involved in any other case and has Thus, learned counsel prayed for grant of anticipatory bail to the petitioner. Notice of motion. Mr. Anup Singh, learned AAG, Punjab, present in Court, accepted notice on behalf of the respondent and opposed the contentions raised by learned for the petitioner by submitting that the question had been duly restored in the presence of the Revenue Authorities as well as the Police in the year 2024; however, the same was subsequently dismantled by the present petitioner, which led to the the present FIR. It is further contended that the water channel exists on land specifically reserved for such purpose. With regard to the petitioner’s claim that the Learned counsel for the petitioner contended that a regarding the water channel had arisen in the year was amicably resolved with the intervention of the respectable members of the village. It is submitted that the water channel continues to exist and tion even at present, and Hon’ble Court is drawn to the photographs of the canal placed on record. It is further submitted that the present FIR was registered on except for the offence under Section 3 of Damage to Public Property Act, 1984, all other alleged offences are bailable in nature, and maximum punishment provided for the offence is up to counsel submits that the petitioner is not involved in any other case and has clean antecedents. Thus, learned counsel prayed for grant of anticipatory Mr. Anup Singh, learned AAG, Punjab, present in accepted notice on behalf of the respondent–State contentions raised by learned counsel for the petitioner by submitting that the water channel in question had been duly restored in the presence of the Revenue Authorities as well as the Police in the year same was subsequently dismantled hich led to the registration of the present FIR. It is further contended that the water exists on land specifically reserved for such petitioner’s claim that the -2- KAPIL 2026.07.13 18:59 I attest to the accuracy and integrity of this document CRM-M-21269- 3. Vide order dated petitioner was granted interim bail and was directed to join investigation. -2026 (O&M) water channel is still existing and operational at the site, learned State counsel seeks time to file reply. Heard. Taking into consideration the totality of the circumstances and the submissions made by learned counsel for the parties, particularly that the is stated to be still in existence a condition; that the petitioner has clean antecedents, and he is not involved in any other one, the petitioner is directed to join investigation as when required by the Investigating Officer. In the event of arrest, the petitioner be released on interim bail on furnishing personal bail/surety of Arresting/Investigating Officer till the next date hearing subject to the conditions as envisaged under Section 482(2) of the BNSS (erstwhile Cr.P.C.). Adjourned to 13.07.2026. Accordingly, State is directed to file reply, mentioning the following particulars in a tabulated form: • Role attributed to the petitioner. • Evidence collected regarding complicity of the petitioner. • Criminal antecedents of the petitioner. • Whether water channel in question is still existing and operational on the same site. Vide order dated 20.04.2026 passed by this Court, petitioner was granted interim bail and was directed to join investigation. water channel is still existing and operational at the same site, learned State counsel seeks time to file reply. Taking into consideration the totality of the the submissions made by learned counsel for the parties, particularly that the water channel is stated to be still in existence and in operational that the petitioner has clean antecedents, and he is not involved in any other case except the present one, the petitioner is directed to join investigation as and when required by the Investigating Officer. In the event petitioner be released on interim bail on bonds to the satisfaction of Arresting/Investigating Officer till the next date of hearing subject to the conditions as envisaged under BNSS (erstwhile Section 438(2) Adjourned to 13.07.2026. Accordingly, State is directed to file reply, following particulars in a tabulated form: Role attributed to the petitioner. Evidence collected regarding complicity of the riminal antecedents of the petitioner. Whether water channel in question is still operational on the same site.” passed by this Court, the petitioner was granted interim bail and was directed to join -3- KAPIL 2026.07.13 18:59 I attest to the accuracy and integrity of this document CRM-M-21269- 4. Officer-HC Jagmeet Singh investigation 5. this Court dated without commenting on merits, the petition is allowed and order dated 20.04.2026, granting interim anticipat made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. 13.07.2026 Kapil -2026 (O&M) Learned State counsel, on instructions HC Jagmeet Singh submits that petitioner has joined investigation and is not required for any further Petitioner has joined investigation pursuant to order of Court dated 20.04.2026. In the circumstances of the case but without commenting on merits, the petition is allowed and order dated , granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. (SHALINI SINGH NAGPAL) Whether speaking/reasoned Whether reportable Learned State counsel, on instructions from Investigating submits that petitioner has joined and is not required for any further investigation. Petitioner has joined investigation pursuant to order of In the circumstances of the case but without commenting on merits, the petition is allowed and order dated ory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. SHALINI SINGH NAGPAL) JUDGE Whether speaking/reasoned : Yes/No : Yes/No -4- KAPIL 2026.07.13 18:59 I attest to the accuracy and integrity of this document