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2023 DAILYLAW 3637 (PNJ)

HARMINDER PAL SINGH AND ANOTHER v. STATE OF PUNJAB

CRM-M/19565/2026 · 2026-04-24

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-19565 IN THE HIGH COURT OF PUNJAB & HARYANA 218 HARMINDER PAL SINGH AND ANOTHER STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Balram Singh, for the petitioner Mr. Amrit Pal Singh Gill, 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 petitioner seek anticipatory bail in case Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.13 dated 27.01.20 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anaj Mandi, District Patiala. petitioners have been falsely implicated in th they have no concern with the said incident. He argued that the alleged occurrence took place on 26.01.2026 at about 11.40 pm 19565-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: HARMINDER PAL SINGH AND ANOTHER Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Balram Singh, Advocate for for the petitioners. Mr. Amrit Pal Singh Gill, 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 petitioner anticipatory bail in case FIR No.13 dated 27.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anaj Mandi, District Patiala On 09.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.13 dated 27.01.20 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anaj Mandi, District Patiala. Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in th they have no concern with the said incident. He argued that the alleged occurrence took place on 26.01.2026 at about 11.40 pm IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-19565-2026 Date of decision: 24.04.2026 HARMINDER PAL SINGH AND ANOTHER ….Petitioners ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Amrit Pal Singh Gill, DAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners FIR No.13 dated 27.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, Anaj Mandi, District Patiala. 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 petitioners in case FIR No.13 dated 27.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anaj Mandi, District Patiala. Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case and they have no concern with the said incident. He argued that the alleged occurrence took place on 26.01.2026 at about 11.40 pm s ....Respondent Through the instant petition filed under Section 482 of the s FIR No.13 dated 27.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioners 26 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Learned counsel for the petitioners has submitted that the e present case and they have no concern with the said incident. He argued that the alleged occurrence took place on 26.01.2026 at about 11.40 pm GURPREET 2026.04.24 17:09 I attest to the accuracy and authenticity of this document. CRM-M-19565 but the FIR in question was registered on 27.01.2026 at 9.00 pm i.e. after a delay of 21 hours, casting serious prosecution story. He further argued that in fact, it is a case of version and cross FIR are taken to be true, even then no specific injury has been attributed to the present petitioners. He furt per MLR of the complainant, the injuries attributed to the petitioners are stated to be simple in nature. He further argued that Section 109 of BNS was added by the prosecution only to make the offence graver. Further co has already been granted the concession of anticipatory bail by this Court, vide order dated 07.04.2026. Moreover, the petitioners have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. Lear ready upon to do so by the investigating agency. Punjab, accepts notice o time to file status report in the matter. investigation within a week from today and would appear as and when required by the 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 482(2) of BNSS, 2023. 19565-2026 2 but the FIR in question was registered on 27.01.2026 at 9.00 pm i.e. after a delay of 21 hours, casting serious prosecution story. He further argued that in fact, it is a case of version and cross-version. He argued that if the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioners. He furt per MLR of the complainant, the injuries attributed to the petitioners are stated to be simple in nature. He further argued that Section 109 of BNS was added by the prosecution only to make the offence graver. Further co has already been granted the concession of anticipatory bail by this Court, vide order dated 07.04.2026. Moreover, the petitioners have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. Learned counsel has further submitted that the petitioners are ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent time to file status report in the matter. Adjourned to 24.04.2026. 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 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 482(2) of BNSS, 2023.” but the FIR in question was registered on 27.01.2026 at 9.00 pm i.e. after a delay of 21 hours, casting serious doubt on the prosecution story. He further argued that in fact, it is a case of version. He argued that if the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioners. He further argued that as per MLR of the complainant, the injuries attributed to the petitioners are stated to be simple in nature. He further argued that Section 109 of BNS was added by the prosecution only to make the offence graver. Further co-accused Nirbhaijeet Singh has already been granted the concession of anticipatory bail by this Court, vide order dated 07.04.2026. Moreover, the petitioners have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. ned counsel has further submitted that the petitioners are and willing to join the investigation as and when called upon to do so by the investigating agency. On asking of the Court, Mr. Ravinder Singh, DAG, n behalf of respondent-State and seeks time to file status report in the matter. In the meantime, the petitioners are directed to join investigation within a week from today and would appear as and Investigating Officer and cooperate with 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 the conditions as envisaged under Section but the FIR in question was registered on 27.01.2026 at 9.00 pm doubt on the prosecution story. He further argued that in fact, it is a case of version. He argued that if the contents of the FIR are taken to be true, even then no specific injury has been her argued that as per MLR of the complainant, the injuries attributed to the petitioners are stated to be simple in nature. He further argued that Section 109 of BNS was added by the prosecution only to eet Singh has already been granted the concession of anticipatory bail by this Court, vide order dated 07.04.2026. Moreover, the petitioners have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. ned counsel has further submitted that the petitioners are and willing to join the investigation as and when called On asking of the Court, Mr. Ravinder Singh, DAG, State and seeks In the meantime, the petitioners are directed to join investigation within a week from today and would appear as and Investigating Officer and cooperate with 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 the conditions as envisaged under Section GURPREET 2026.04.24 17:09 I attest to the accuracy and authenticity of this document. CRM-M-19565 3. Learned counsel for the petitioner the order dated the investigation. 4. Learned counsel Sharma, has submitted that the petitioner no longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioners 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 24.04.2026 Gurpreet 19565-2026 3 Learned counsel for the petitioner the order dated 09.04.2026 passed by this Court, the petitioner the investigation. Learned counsel for the State, on instructions has submitted that the petitioners has no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 09.04.2026 passed by this Court, is made absolute. The 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 Learned counsel for the petitioners submits that in compliance of passed by this Court, the petitioners have joined for the State, on instructions of ASI Vivek s joined the investigation and are In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No submits that in compliance of joined of ASI Vivek are In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under CHAHAL) GURPREET 2026.04.24 17:09 I attest to the accuracy and authenticity of this document.