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2023 DAILYLAW 3707 (PNJ)

DIPUTY @ DIPUTY VARIS v. STATE OF PUNJAB

CRM-M/17754/2026 · 2026-04-20

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-17754 IN THE HIGH COURT OF PUNJAB & HARYANA 221 DIPUTY @ DIPUTY VARIS STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M for the petitioner. Ms. Amrit Kaur Mahir, AAG, 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 109 and 3(5) of the Bharatiya Nyay 25/27 of the Arms Act, at Police Station Sadar Jagraon, District Ludhiana Rural. 2. On the BNSS, 2023 is fo in case FIR No.250 dated 05.12.2025 registered under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 17754-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: DIPUTY @ DIPUTY VARIS Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Karandeep Singh, Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, 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.250 dated 05.12.2025 registered under Sections 109 and 3(5) of the Bharatiya Nyay 25/27 of the Arms Act, at Police Station Sadar Jagraon, District Ludhiana On 02.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.250 dated 05.12.2025 registered under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-17754-2026 Date of decision: 20.04.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Amrit Kaur Mahir, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.250 dated 05.12.2025 registered under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25/27 of the Arms Act, at Police Station Sadar Jagraon, District Ludhiana following order was passed by this Court: - Prayer in the present petition filed under Section 482 of r grant of anticipatory bail to the petitioner in case FIR No.250 dated 05.12.2025 registered under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.250 dated 05.12.2025 registered under a Sanhita, 2023 and Sections 25/27 of the Arms Act, at Police Station Sadar Jagraon, District Ludhiana Prayer in the present petition filed under Section 482 of r grant of anticipatory bail to the petitioner in case FIR No.250 dated 05.12.2025 registered under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections GURPREET 2026.04.21 16:52 I attest to the accuracy and authenticity of this document. CRM-M-17754 25/27 of the Arms Act, at Police Station Sadar Jagraon, District Ludhiana Rural. petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the alleged occurrence took place on 04.12.2025 but the FIR in question was registered serious doubt on the prosecution story. He further argued that in fact, it is a case of version and cross the contents of the FIR are taken to be true, even then no specific ro argued that the petitioner was only standing there and mere presence at the spot cannot amount to participation in the crime. He further argued that Section 109 of BNS was added by the prosecution petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the by the investigating agency. accepts notice on behalf of respondent file status report in the matter. 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 ad satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 17754-2026 2 25/27 of the Arms Act, at Police Station Sadar Jagraon, District Ludhiana Rural. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the alleged occurrence took place on 04.12.2025 but the FIR in question was registered on 05.12.2025 i.e. after a delay of 01 day, casting serious doubt on the prosecution story. He further argued that in fact, it is a case of version and cross the contents of the FIR are taken to be true, even then no specific role/injury has been attributed to the present petitioner. He argued that the petitioner was only standing there and mere presence at the spot cannot amount to participation in the crime. He further argued that Section 109 of BNS was added by the prosecution only to make the offence graver. 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 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. Notice of motion. On asking of the Court, Mr. Amit Shukla, DAG, Punjab, accepts notice on behalf of respondent file status report in the matter. Adjourned to 20.04.2026. 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 482(2) of BNSS, 2023.” 25/27 of the Arms Act, at Police Station Sadar Jagraon, District rned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the alleged occurrence took place on 04.12.2025 but the FIR in question was on 05.12.2025 i.e. after a delay of 01 day, casting serious doubt on the 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 le/injury has been attributed to the present petitioner. He argued that the petitioner was only standing there and mere presence at the spot cannot amount to participation in the crime. He further argued that Section 109 of BNS was added by the only to make the offence graver. 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 has further submitted that the petitioner is ready and investigation as and when called upon to do so On asking of the Court, Mr. Amit Shukla, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to 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 mitted 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 25/27 of the Arms Act, at Police Station Sadar Jagraon, District rned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the alleged occurrence took place on 04.12.2025 but the FIR in question was on 05.12.2025 i.e. after a delay of 01 day, casting serious doubt on the prosecution story. He further argued that in version. He argued that if the contents of the FIR are taken to be true, even then no specific le/injury has been attributed to the present petitioner. He argued that the petitioner was only standing there and mere presence at the spot cannot amount to participation in the crime. He further argued that Section 109 of BNS was added by the only to make the offence graver. 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 has further submitted that the petitioner is ready and investigation as and when called upon to do so On asking of the Court, Mr. Amit Shukla, DAG, Punjab, State and seeks time to 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 mitted 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 GURPREET 2026.04.21 16:52 I attest to the accuracy and authenticity of this document. CRM-M-17754 3. Learned counsel for the petitioner su 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 Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS 20.04.2026 Gurpreet 17754-2026 3 Learned counsel for the petitioner su the order dated 02.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigati longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 02.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when 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 petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions of SI Kuldeep 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 Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No bmits that in compliance of joined the of SI Kuldeep no In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.21 16:52 I attest to the accuracy and authenticity of this document.