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2023 DAILYLAW 3643 (PNJ)

KULDEEP SINGH v. STATE OF PUNJAB

CRM-M/2176/2026 · 2026-04-24

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-2176 IN THE HIGH COURT OF PUNJAB & HARYANA 201 KULDEEP SINGH STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. 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 seeks anticipatory bail in case Sections 323, 324 and 34 of the IPC (Section Police Station Ajnala, District Amritsar (Rural) 2. On the BNSS, 2023 is for grant of anticipatory bail to in case FIR No.51 dated 28.03.2022 registered under Sections 323, 324 and 34 of the IPC (Section 326 IPC added later on), at Police Station Ajnala, District Amritsar (Rural). petitioner has been falsely implicated in the present case and he has no concern with the said offence. He argued that the alleged occurrence took place on 08.12.2021 but the FIR in question was 2176-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: KULDEEP SINGH Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Manmeet Singh Rana, Advocate for the petitioner. 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 seeks anticipatory bail in case FIR No.51 dated 28.03.2022 registered under Sections 323, 324 and 34 of the IPC (Section Police Station Ajnala, District Amritsar (Rural) On 18.03.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to in case FIR No.51 dated 28.03.2022 registered under Sections 323, 324 and 34 of the IPC (Section 326 IPC added later on), at Police Station Ajnala, District Amritsar (Rural). Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He argued that the alleged occurrence took place on 08.12.2021 but the FIR in question was IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-2176-2026 Date of decision: 24.04.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL Advocate 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 petitioner FIR No.51 dated 28.03.2022 registered under Sections 323, 324 and 34 of the IPC (Section 326 IPC added later on), at Police Station Ajnala, District Amritsar (Rural). 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 case FIR No.51 dated 28.03.2022 registered under Sections 323, 324 and 34 of the IPC (Section 326 IPC added later on), at Police Station Ajnala, District Amritsar (Rural). Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He argued that the alleged occurrence took place on 08.12.2021 but the FIR in question was ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.51 dated 28.03.2022 registered under 326 IPC added later on), at Prayer in the present petition filed under Section 482 of the petitioner in case FIR No.51 dated 28.03.2022 registered under Sections 323, 324 and 34 of the IPC (Section 326 IPC added later on), at Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He argued that the alleged occurrence took place on 08.12.2021 but the FIR in question was GURPREET 2026.04.24 17:09 I attest to the accuracy and authenticity of this document. CRM-M-2176 reg than 03 months, casting serious doubt on the prosecution story. He argued that even if the prosecution version is believed to be true, even then the petitioner is attributed only one injury with brickbat and the said injury has been declared to be simple in nature and thus, the same does not attract Section 326 of IPC, which has been added later on by the prosecution only to make the offence graver. Moreover, the petitioner has clean antecedents is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. the status report in the matter and while referring to the same, he has opposed submitting that the allegations levelled against the petitioner are serious in the petitioner is a first time offender as he is not involved in any other case. investigation within a week from today and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Offic 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. 2176-2026 2 registered on 28.03.2022 i.e. after an unexplained delay of more than 03 months, casting serious doubt on the prosecution story. He argued that even if the prosecution version is believed to be true, even then the petitioner is attributed only one injury with brickbat and the said injury has been declared to be simple in nature and thus, the same does not attract Section 326 of IPC, which has been added later on by the prosecution only to make the offence graver. Moreover, the petitioner has clean antecedents as he is not involved in any other case. No recovery is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel has already filed the status report in the matter and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. However, he has not controverted the fact that the petitioner is a first time offender as he is not involved in any other case. Adjourned to 02.04.2026. In the meantime, the petitioner is directed to join investigation within a week from today and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Offic 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 18.03.2026 passed by this Court, the petitioner ha vestigation. istered on 28.03.2022 i.e. after an unexplained delay of more than 03 months, casting serious doubt on the prosecution story. He argued that even if the prosecution version is believed to be true, even then the petitioner is attributed only one injury with brickbat and the said injury has been declared to be simple in nature and thus, the same does not attract Section 326 of IPC, which has been added later on by the prosecution only to make the offence graver. Moreover, the petitioner has clean as he is not involved in any other case. No recovery is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. ther hand, learned State counsel has already filed the status report in the matter and while referring to the same, he the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are nature. However, he has not controverted the fact that the petitioner is a first time offender as he is not involved in any In the meantime, the petitioner is 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, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner 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 istered on 28.03.2022 i.e. after an unexplained delay of more than 03 months, casting serious doubt on the prosecution story. He argued that even if the prosecution version is believed to be true, even then the petitioner is attributed only one injury with brickbat and the said injury has been declared to be simple in nature and thus, the same does not attract Section 326 of IPC, which has been added later on by the prosecution only to make the offence graver. Moreover, the petitioner has clean as he is not involved in any other case. No recovery is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as ther hand, learned State counsel has already filed the status report in the matter and while referring to the same, he the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are nature. However, he has not controverted the fact that the petitioner is a first time offender as he is not involved in any In the meantime, the petitioner is directed to join would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the er. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of joined the GURPREET 2026.04.24 17:09 I attest to the accuracy and authenticity of this document. CRM-M-2176 4. Learned counsel for the State, on instructions Singh, has submitted that join the investigation was granted to the petitioner by this Court. He submitted that on 08.04.2026 t no 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 24.04.2026 Gurpreet 2176-2026 3 Learned counsel for the State, on instructions has submitted that vide order dated 02.04.2026, another opportunity to join the investigation was granted to the petitioner by this Court. He submitted that on 08.04.2026 the petitioner ha no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 18.03.2026 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 Learned counsel for the State, on instructions of ASI Jaswant vide order dated 02.04.2026, another opportunity to join the investigation was granted to the petitioner by this Court. He he petitioner has joined the investigation and is 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 Jaswant vide order dated 02.04.2026, another opportunity to join the investigation was granted to the petitioner by this Court. He is 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 2026.04.24 17:09 I attest to the accuracy and authenticity of this document.