CRM-M-59930- IN THE H (210) VICKY MIANI @ STATE OF PUNJ CORAM: HON Present: Mr. Mr. S Ms. S MANISHA BATR 1. The 482 of Bharatiya N of anticipatory b registered under S Sanhita, 2023 (for Station Dinanagar 2. As p Kumar alongwith His brother was o motorcycle at som reached there. A identified one of Singh-owner of th the brother of the -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH ANI @ DEEPAK KUMAR AND AN Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS P.S. Jammu, Advocate and Mr. S.K. Yadav, Advocate for the pet Ms. Sakshi Bakshi, AAG, Punjab ****
BATRA, J. (ORAL)
The instant petition has been filed by atiya Nagarik Suraksha Sanhita, 2023 tory bail in case arising out of FI nder Sections 109, 118(2), 115(2), 19 3 (for short “BNS”) (Section 103 of nagar, District Gurdaspur. As per the allegations, on 13.06.20 gwith his brother Gagandeep was pur was on the dairy and the complainan at some distance. Within his sight 7 re. All of them were armed with w ne of them as Onkar Singh. They o r of the dairy. One of them struck a b of the complainant, due to which he JAB AND HARYANA AT ARH CRM-M-59930-2025 (O&M) Date of decision : 09.02.2026 D ANR. ... Petitioners ...Respondent
ANISHA BATRA
the petitioners by the petitioners under Section , 2023 (for short “BNSS”) for grant of FIR No.155 dated 14.06.2025 (2), 190, 193(2) of Bharatiya Nyaya 03 of BNS added later on) at Police 3.06.2025, the complainant Sudesh as purchasing milk from Nav Dairy. plainant was standing alongwith his ght 7-8 youths riding on 02 vehicles with weapons and the complainant hey opened an attack upon Navjot ck a blow with datar on the head of ich he fell down and blood started M) 2026
ction grant 2025 yaya olice desh airy. h his icles inant avjot ad of arted AMIT SHARMA 2026.02.10 14:02 I attest to the accuracy and integrity of this order/judgment. CRM-M-59930- oozing out from t from the spot. The to his injuries. A initiated. During supplementary sta Singh @ Sabi, Mu as accused. Ba 01.07.2025. In p and Onkar Singh, Investigation is sti application for gra Sessions Judge, G 3. It is been falsely implic by co-accused wh were neither nam complainant. Th examined during implicated the pet are ready to join in recovery is to be e to them. It is thus, 4. Learn copies of stateme -2025 (O&M) 2 from the wound. On clamour being t. The injured Gagandeep was rushed es. After registration of FIR, investi uring the course of investigation, th ary statement on the basis of which O bi, Mukhwinder Singh @ Mukha, Sab . Baljinder Singh @ Sabi and O In pursuance of disclosure statemen ingh, the present petitioners were nom n is still underway. Apprehending the for grant of pre-arrest bail which has ge, Gurdaspur vide order dated 08.10. It is argued by learned counsel for implicated in this case on the basis of ed which cannot be considered to be r named in the FIR nor in the sup t. The complainant and other m uring the course of the trial of th he petitioners or other accused as the join investigation. Their custodial int to be effected from them. No specifi is thus, argued that the petition deserve Learned counsel for the petitioners h tatements recorded by complainant being raised, they managed to flee rushed to the hospital but succumbed investigation proceedings have been on, the complainant got recorded a ich Onkar Singh, Somvir, Baljinder a, Sabi and Channa were nominated and Onkar Singh surrendered on tements suffered by Baljinder Singh ere nominated as additional accused. ng their arrest, the petitioners moved h has been dismissed by the learned 08.10.2025. el for the petitioners that they have asis of disclosure statements suffered to be admissible in evidence. They he supplementary statement of the material witnesses have been of the co-accused and have not as the assailants of the victim. They ial interrogation is not required. No pecific overt act has been attributed eserve to be allowed. ners have placed on record certified inant Sudesh Kumar-PW1, Navjot flee bed been ed a inder ated on ingh used. oved rned have red They f the been not They . No uted tified avjot AMIT SHARMA 2026.02.10 14:02 I attest to the accuracy and integrity of this order/judgment. CRM-M-59930- Kaur-PW2, Manp that shows that no subject offences. 5. Status the allegations membership of an upon the victim G proved fatal for G in the matter, cust circumstance has b that the petition do 6. This counsel for the par 7. The p with the co-accuse the complainant the Trial Court i petitioners as wel petitioners have be accused and it is stands established not made out tha present petitioners without meaning t -2025 (O&M) 3 Manpreet Singh PW3, Sanjeev Kum hat none of them implicated the petitio nces. Status report has been filed. Learned ons against the petitioners are serio of an unlawful assembly with the co tim Gagandeep and injured Navjot Si for Gagandeep. For conducting thor r, custodial interrogation of the petitio e has been made for granting benefit o does not deserve to be allowed. This Court has heard the rival subm the parties at considerable length. The petitioners by forming members accused are alleged to have caused inj and other material witnesses hav ourt in the trial of the co-accused as well as other accused for commiss ave been implicated on the basis of d it is a matter of trial as to whether lished or not? On perusal of the con ut that any specific overt act or inju tioners. Taking into consideration t ning to make any comment on the m Kumar-PW4 and Amandeep-PW5 petitioners in the commission of the earned State counsel has argued that e serious in nature as by forming the co-accused they opened assault vjot Singh and caused injuries which g thorough and proper investigation petitioners is must. No exceptional nefit of bail. It is, therefore, stressed l submissions made by the learned embership of an unlawful assembly sed injuries to the victim. However, es have since been examined before cused and have not implicated the mmission of subject offences. The is of disclosure statements of the co- hether their complicity in the crime he contents of the status report, it is or injury has been attributed to the ation the above discussed facts but the merits of this case, this Court is PW5 f the that ming sault hich ation ional ssed rned mbly ever, efore the The - rime it is the s but urt is AMIT SHARMA 2026.02.10 14:02 I attest to the accuracy and integrity of this order/judgment. CRM-M-59930- of the considered petitioners is mad replica of post-con the petition is all subject to the c Investigating Offi and shall join inv when required and satisfaction of the with any evidence acquainted with t country, during permission from t No., Passport No Court and shall al Section 482(2) of 7. In the petitioner, it shal application seekin 8. Since any, is rendered in 09.02.2026 Amit Sharma -2025 (O&M) 4 sidered opinion that no case for p is made out. Even otherwise pre-tri conviction sentencing. In view of is allowed and the petitioners are o the condition that the petitioner g Officer/Arresting Officer within a p in investigation within that period a ed and subject to furnishing personal of the Investigating/Arresting Office idence, will not pressurize, induce, with the facts and circumstances of ring investigation and trial of the from the trial Court, shall disclose the rt No., cellphone No., while furnish hall also abide by all the terms and c (2) of BNSS. In the event of there being any FIR t shall be open to the respondent to eking cancellation of bail. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes
   for pre-trial incarceration of the trial incarceration shall not be ew of the discussion as made above, are ordered to be admitted to bail ioners shall surrender before the hin a period of 10 days from today riod and also subsequently, as and rsonal as well as surety bonds to the Officer. They will also not tamper duce, extend threats to any witness ces of the case, will not leave the of the case, except after seeking ose the details of their Aadhar Card furnishing bond to the learned trial s and conditions as envisaged under y FIR/complaint lodged against the ent to seek redressal by filing an allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
the t be ove, bail the oday and o the mper tness the king Card trial nder the an n, if AMIT SHARMA 2026.02.10 14:02 I attest to the accuracy and integrity of this order/judgment.