CRM-M-15002 IN THE HIGH COURT OF PUNJAB AND HARYANAAT 107 VISHAL KUMAR @GORU STATE OF CORAM: HON'BLE MR. JUSTICE Present : SURYA P petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. 06.09.2025 140(1), 190, 191(3), 115 Police Station 2. ‘Ramesh Kumar’, stated by the complainant that cousin ‘Sunil Kumar 15002-2026 (O&M) 8587 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM DATE OF DECISION VISHAL KUMAR @GORU VERSUS STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Nakul Sharma, Advocate Mr. Eklavya Darshi, Deputy Advocate General, Punjab. Mr. Kulbushan Raheja, Advocate for the complainant. SURYA PARTAP SINGH, J. This petition for pre-arrest bail is petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No. 06.09.2025, for the commission of offence punishable under Sections 140(1), 190, 191(3), 115(2), and 332 of Bharatiya Nyaya Sanhita, 2023, Police Station Sadar Abohar, District Fazilka. The abovementioned FIR came into being at the instance of Ramesh Kumar’, hereinafter being referred to as ‘complainant’ only. It was by the complainant that on 06.09.2025 Sunil Kumar’ armed with steel rod 1 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM-M-15002-2026 (O&M) DATE OF DECISION : 19.03.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH , Advocate for the petitioner. Mr. Eklavya Darshi, Deputy Advocate General, Punjab. Kulbushan Raheja, Advocate for the complainant. arrest bail is the first petition, filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.93 dated offence punishable under Sections 103, of Bharatiya Nyaya Sanhita, 2023, Sadar Abohar, District Fazilka. FIR came into being at the instance of hereinafter being referred to as ‘complainant’ only. It was on 06.09.2025 at about 09:30-10:00 am, d along with ‘Ravinder Kumar’ son .2026 .....PETITIONER .....RESPONDENT filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, dated 103, of Bharatiya Nyaya Sanhita, 2023, FIR came into being at the instance of hereinafter being referred to as ‘complainant’ only. It was 10:00 am, his son GAURAV THAKUR 2026.03.20 16:13 I attest to the accuracy and integrity of this document CRM-M-15002 of Shesh Karan motorcycle and exhorted ‘Ravinder Kumar’ According to complainant, Devi tried to Kumar, pushed Vidya Devi Ravinder Kumar, took him away on joined by Vishal, Umesh and Sudhir, who 3. suffered injuries, and that at about 03:30 pm, when he was present hospital, he brother to the Umesh on separate motorcycle his brother that his brother was killed by the above theft of their 4. abovemention investigation taken up. 5. 15002-2026 (O&M) 8587 of Shesh Karan, ‘Pawan Kumar’, and ‘Mani Ram motorcycle and exhorted to teach a lesson to the son of complainant ‘Ravinder Kumar’ for stealing the electric motor from their tubewell. According to complainant, when he (complainant) tried to rescue Ravinder Kumar, one of the assailants, namely pushed Vidya Devi on the ground Ravinder Kumar, took him away on the joined by Vishal, Umesh and Sudhir, who The complainant further stated that suffered injuries, and therefore, she was admitted and that at about 03:30 pm, when he was present hospital, he saw that Sunil Kumar and Ravi to the Emergency Ward and they were accompanied Umesh on separate motorcycle. It was further stated by the complainant that brother was in a critical condition, and was declared dead. While alleging his brother was killed by the above- theft of their electric motor, the action was sought by the complainant. It is the case of the abovementioned statement, formal FIR of this case was lodged and the investigation taken up. Notice of motion. 2 Mani Ram’ came to their house on lesson to the son of complainant electric motor from their tubewell. when he (complainant) and his mother Vidya one of the assailants, namely Sunil on the ground and they forcibly picked the motorcycle and that they were joined by Vishal, Umesh and Sudhir, who also came on their motorcycle. The complainant further stated that his mother Vidya Devi had was admitted in Civil Hospital Abohar, and that at about 03:30 pm, when he was present with his mother in the that Sunil Kumar and Ravinder Kumar had brought his Emergency Ward and they were accompanied by Vishal and . It was further stated by the complainant that and was declared dead. While alleging -named assailants on the pretext action was sought by the complainant. of the prosecution that pursuant to ed statement, formal FIR of this case was lodged and the came to their house on a lesson to the son of complainant electric motor from their tubewell. his mother Vidya Sunil and they forcibly picked-up motorcycle and that they were . had in Civil Hospital Abohar, in the brought his Vishal and . It was further stated by the complainant that and was declared dead. While alleging named assailants on the pretext of that pursuant to ed statement, formal FIR of this case was lodged and the GAURAV THAKUR 2026.03.20 16:13 I attest to the accuracy and integrity of this document CRM-M-15002 6. on behalf of respondent hereby dispensed with. 7. behalf of the complainant and filed Power of Attorney. The same be taken on record. 8. 9. the petitioner learned counsel for the petitioner, regard to was picked deceased directed him to get counsel for the petitioner, and that the petitioner life of the 10. for the complainant According to been committed by the petitioner with a pre are very specific allegations against the petitioner and his co they had forcibly abducted 15002-2026 (O&M) 8587 Mr. Eklavya Darshi, Deputy Advocate General, Punjab on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with. Mr. Kulbushan Raheja, Advocate has put in appearanc behalf of the complainant and filed Power of Attorney. The same be taken on record. Heard. It has been contended by learned counsel for the petitioner that the petitioner is innocent, who did not commit learned counsel for the petitioner, the deceased was regard to the theft of electric motor, installed in the fields of was picked-up by the police and during interrogation by the police when deceased suffered injuries, the police officials directed him to get the deceased admitted in counsel for the petitioner, the entire process was recorded in CCTV footage the petitioner, who was instrumental in making efforts the deceased, has been wrongly prosecuted in this case. The learned State Counsel, for the complainant, has controverted the abovementioned arguments. According to learned counsel for the complainant been committed by the petitioner with a pre very specific allegations against the petitioner and his co they had forcibly abducted the deceased from his house in the presence of 3 Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears State. Hence service of notice upon the State is Mr. Kulbushan Raheja, Advocate has put in appearance on behalf of the complainant and filed Power of Attorney. The same be taken It has been contended by learned counsel for the petitioner that did not commit any offence. According to the deceased was a drug addict and with c motor, installed in the fields of complainant, up by the police and during interrogation by the police when the police officials called the petitioner and admitted in the hospital. As per learned the entire process was recorded in CCTV footage , who was instrumental in making efforts to save the prosecuted in this case. being assisted by learned counsel has controverted the abovementioned arguments. learned counsel for the complainant, a very serious offence has been committed by the petitioner with a pre-planned design, and that there very specific allegations against the petitioner and his co-accused that the deceased from his house in the presence of appears State. Hence service of notice upon the State is e on behalf of the complainant and filed Power of Attorney. The same be taken It has been contended by learned counsel for the petitioner that According to a drug addict and with , he up by the police and during interrogation by the police when the called the petitioner and hospital. As per learned the entire process was recorded in CCTV footage, to save the being assisted by learned counsel has controverted the abovementioned arguments. , a very serious offence has and that there accused that the deceased from his house in the presence of GAURAV THAKUR 2026.03.20 16:13 I attest to the accuracy and integrity of this document CRM-M-15002 complainant and other family members, and later on in the hospital 11. present case, in order to fix the role of the petitioner his custodial interrogation is of utmost necessary. It has also been contended by learned State Counsel that the gravity of offence seeking pre 12. 13. settled principles of law that the Court exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. 14. India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that held that bail is a rule, it cannot; by any stretch of imagination, be said that anticipatory bail is a rule. 15. case has further ob judicial discretion depending upon the facts and circumstances of each case. 15002-2026 (O&M) 8587 complainant and other family members, and later on spital only, where he was declared dead. It has been contended by learned State Counsel that present case, in order to fix the role of the petitioner his custodial interrogation is of utmost necessary. It has also been contended by learned te Counsel that the gravity of offence seeking pre-arrest bail. The record has been perused carefully. As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for the extraordinary remedy. With regard to such situation, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that anticipatory bail is a rule. The Hon'ble Supreme Court of India in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. 4 complainant and other family members, and later on the deceased was seen only, where he was declared dead. It has been contended by learned State Counsel that in the present case, in order to fix the role of the petitioner his custodial interrogation is of utmost necessary. It has also been contended by learned te Counsel that the gravity of offence does not warrant the petitioner for The record has been perused carefully. As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court must be circumspect, while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for With regard to such situation, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that The Hon'ble Supreme Court of India in the abovementioned served that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. seen in the present case, in order to fix the role of the petitioner his custodial interrogation is of utmost necessary. It has also been contended by learned does not warrant the petitioner for As far as the benefit of anticipatory bail is concerned, it is while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule. Rather as per law the abovesaid benefit should be granted only when the Court is convinced that exceptional circumstances exist for With regard to such situation, the Hon'ble Supreme Court of India in the case of Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary irrespective of the fact that in a number of cases, it has been held that bail is a rule, it cannot; by any stretch of imagination, be said that The Hon'ble Supreme Court of India in the abovementioned served that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. GAURAV THAKUR 2026.03.20 16:13 I attest to the accuracy and integrity of this document CRM-M-15002 According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautiou interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. 16. Vishwajeet Jadhav v. The State of Maharashtra and Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme C this extraordinary remedy to a person accused of grave offence. 17. 1980 SCC (2) 565, the Hon'ble Supreme Court of India held th 15002-2026 (O&M) 8587 According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautiou interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held th (i) The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in exceptional cases only. (ii) In addition to the limitations mentioned in Section 437, the petitioner must make out a specia power to grant anticipatory bail. (iii) Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be exercised. 5 According to Hon'ble Apex Court, when called upon to exercise the abovesaid power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. Similarly, in the case of Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble ourt, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave offence. In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that:- The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure ing material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be According to Hon'ble Apex Court, when called upon to exercise the s, as the grant of interim protection to the accused in serious cases may lead to miscarriage of Similarly, in the case of Nikita Jagganath Shetty alias Nikita Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), the Hon'ble Supreme Court of India has held that anticipatory bail is an exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble ourt, there must exist strong reasons for extending indulgence of In the case of Gurbaksh Singh Sibbia etc. v. State of Punjab The power under Section 438, Criminal Procedure Code, is of an extraordinary character and must be exercised sparingly in In addition to the limitations mentioned in Section 437, the l case for the exercise of the Where a legitimate case for the remand of the offender to the police custody under Section 167(2) can be made out by the investigating agency or a reasonable claim to secure ing material from information likely to be received from the offender under Section 27 of the Evidence Act can be made out, the power under Section 438 should not be GAURAV THAKUR 2026.03.20 16:13 I attest to the accuracy and integrity of this document CRM-M-15002 18. matrix of the present case i. ii. iii. iv. 19. custodial interrogation of Investiga present case, if such right is den result into miscarriage of justice, as the investigation headway. 20. above-discussed circumstances exist in this case, which may call for the discretion is hereby held dismissal. Accordingly, the same is 15002-2026 (O&M) 8587 In the light of abovementioned f the present case is analyzed, it transpires i. that the allegations against the categorical qua the fact that and killing of deceased; ii. that the investigation is still at initial the role of the petitioner necessary; iii. that the gravity of offence also does not warrant the benefit of pre-arrest bail for the petitioner; and iv. that there is nothing on record circumstance, which may warrant the exercise of extraordinary jurisdiction to be exercised in favour of the petitioner. It shall not be out of place to mention here that right of custodial interrogation of Investigating Agency is a present case, if such right is denied to the Investigating Agency result into miscarriage of justice, as the investigation If the fact-situation of instant case discussed principles of law, it transpires that circumstances exist in this case, which may call for the discretionary jurisdiction of this Court for grant of anticipatory bail. is hereby held that the present petition . Accordingly, the same is hereby 6 In the light of abovementioned principles of law, if the factual is analyzed, it transpires:- the allegations against the petitioner are very specific and qua the fact that he was involved in the abduction the investigation is still at initial stage and in order to fix the role of the petitioner, his custodial interrogation offence also does not warrant the benefit of arrest bail for the petitioner; and that there is nothing on record to show that there exists any circumstance, which may warrant the exercise of extraordinary jurisdiction to be exercised in favour of the petitioner. It shall not be out of place to mention here that right of ting Agency is a valuable right, and in the ied to the Investigating Agency it is likely to result into miscarriage of justice, as the investigation may not take a proper situation of instant case is analyzed in the light of , it transpires that no such exceptional circumstances exist in this case, which may call for the exercise of for grant of anticipatory bail. Thus petition is devoid of merits deserve hereby dismissed. , if the factual are very specific and in the abduction stage and in order to fix , his custodial interrogation is offence also does not warrant the benefit of there exists any circumstance, which may warrant the exercise of extraordinary It shall not be out of place to mention here that right of and in the it is likely to may not take a proper the light of no such exceptional exercise of Thus, it deserves GAURAV THAKUR 2026.03.20 16:13 I attest to the accuracy and integrity of this document CRM-M-15002 21. shall not be construed as an expression of opinion on the merits of the case. 22. application 19.03.2026 Gaurav Thakur Whether speaking/reasoned Whether reportable 15002-2026 (O&M) 8587 It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending applications, if any, are rendered infructuous. .2026 (SURYA PA Whether speaking/reasoned :Yes/No Whether reportable : Yes/No 7 It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending rendered infructuous. SURYA PARTAP SINGH) JUDGE :Yes/No : Yes/No It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. Since the main petition has been dismissed, pending GAURAV THAKUR 2026.03.20 16:13 I attest to the accuracy and integrity of this document