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High Court of Punjab and Haryana · body

2023 DAILYLAW 3586 (PNJ)

DALER SINGH v. STATE OF PUNJAB

CRM-M/12408/2026 · 2026-04-06

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-12408 IN THE HIGH COURT OF PUNJAB & HARYANA 225 DALER SINGH STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M for the petitioner. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners seek anticipatory bail in Sections 118(1), 115(2), 126(2) and 3(5) BNS in c 12.12.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Jalalabad, District Fazilka. 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.28 dated 30.11.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) BNS in case FIR No.127 dated 12408-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: DALER SINGH Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Riffi Birla, Advocate for for the petitioner. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners seek anticipatory bail in DDR No.28 dated 30.11.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) BNS in c 12.12.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Jalalabad, District On 24.03.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.28 dated 30.11.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) BNS in case FIR No.127 dated IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-12408-2026 Date of decision: 06.04.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners DDR No.28 dated 30.11.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) BNS in case FIR No.127 dated 12.12.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Jalalabad, District following order was passed by this Court: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.28 dated 30.11.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) BNS in case FIR No.127 dated ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners DDR No.28 dated 30.11.2024 registered under ase FIR No.127 dated 12.12.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Jalalabad, District Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.28 dated 30.11.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) BNS in case FIR No.127 dated GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document. CRM-M-12408 12.12.2024 reg 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Jalalabad, District Fazilka. counsel. petitioner along with co complainant and his associates, due to some old enmity. petitioner has been falsely implicated in the present case. She argued that in wherein both the parties have received injuries. She further argued that the alleged occurrence took place on 27.11.2024 but the DDR in question was registered on 30.11.2024 i.e. after an unexplained delay o prosecution story. She argued that even if the contents of the DDR are taken to be true, even then the injury attributed to the petitioner is simple in nature. Moreover, the petitioner has clean antecedents as he is recovery is to be effected from him. Learned counsel further submits that the petitioner is ready and willing to join investigation as and when called upon to do so by the investigating agency. to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. He argued that the petitioner was specifically named in co actively participated in the crime. investigation within a week from today and would appear when required by the Investigating Officer and cooperate with 12408-2026 2 12.12.2024 registered under Sections 118(1), 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Jalalabad, District Fazilka. Status report has already been filed by learned State counsel. Brief facts as per the case of the prosecution petitioner along with co-accused caused injuries to the complainant and his associates, due to some old enmity. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. She argued that in fact, it is a case of version and cross wherein both the parties have received injuries. She further argued that the alleged occurrence took place on 27.11.2024 but the DDR in question was registered on 30.11.2024 i.e. after an unexplained delay of 03 days, casting serious doubt on the prosecution story. She argued that even if the contents of the DDR are taken to be true, even then the injury attributed to the petitioner is simple in nature. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. Learned counsel further submits that the petitioner is ready and willing to join investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. He argued that the petitioner was specifically named in co-accused caused injuries to the complainant party and as such, actively participated in the crime. List on 06.04.2026. In the meantime, the petitioners are directed to join investigation within a week from today and would appear when required by the Investigating Officer and cooperate with istered under Sections 118(1), 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Jalalabad, District Fazilka. Status report has already been filed by learned State Brief facts as per the case of the prosecution are that the accused caused injuries to the complainant and his associates, due to some old enmity. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. She fact, it is a case of version and cross-version wherein both the parties have received injuries. She further argued that the alleged occurrence took place on 27.11.2024 but the DDR in question was registered on 30.11.2024 i.e. after an f 03 days, casting serious doubt on the prosecution story. She argued that even if the contents of the DDR are taken to be true, even then the injury attributed to the petitioner is simple in nature. Moreover, the petitioner has clean not involved in any other case and no recovery is to be effected from him. Learned counsel further submits that the petitioner is ready and willing to join investigation as and when called upon to do so by the ed State counsel while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. He argued that the petitioner was specifically named in the DDR as he along with accused caused injuries to the complainant party and as such, actively participated in the crime. In the meantime, the petitioners are directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with istered under Sections 118(1), 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Status report has already been filed by learned State are that the accused caused injuries to the Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. She version wherein both the parties have received injuries. She further argued that the alleged occurrence took place on 27.11.2024 but the DDR in question was registered on 30.11.2024 i.e. after an f 03 days, casting serious doubt on the prosecution story. She argued that even if the contents of the DDR are taken to be true, even then the injury attributed to the petitioner is simple in nature. Moreover, the petitioner has clean not involved in any other case and no recovery is to be effected from him. Learned counsel further submits that the petitioner is ready and willing to join investigation as and when called upon to do so by the ed State counsel while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. He argued that the the DDR as he along with accused caused injuries to the complainant party and as such, In the meantime, the petitioners are directed to join as and when required by the Investigating Officer and cooperate with GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document. CRM-M-12408 the Investigating Agency. In the event of arrest, they shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The pet shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by Section 482(2) of the BNSS 06.04.2026 Gurpreet 12408-2026 3 the Investigating Agency. In the event of arrest, they shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The pet shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of the order dated 24.03.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 24.03.2026 passed by this Court, is made absolute. The petitioner shall continue 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. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No the Investigating Agency. In the event of arrest, they shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI Beant joined the investigation and is no In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No the Investigating Agency. In the event of arrest, they shall be admitted to interim bail on furnishing of bail/surety bonds to the itioners shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of joined the from ASI Beant no In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.07 12:18 I attest to the accuracy and authenticity of this document.