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2023 DAILYLAW 4292 (PNJ)

NEETAN KUMAR @ JAGU v. STATE OF PUNJAB

CRM-M/11553/2026 · 2026-03-30

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-11553 IN THE HIGH COURT OF PUNJAB & HARYANA 212 NEETAN KUMAR @ JAGU STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Gaurav Datta, for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition Bharatiya Nagarik Suraksha Sanhita, 2023 (fo seek anticipatory bail in case Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhit 2023, at Police Station Anandpur Sahib, District Roopnagar 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.10 dated 15.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anandpur Sahib, District Roopnagar. 11553-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: NEETAN KUMAR @ JAGU Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Harsh Vasu Gupta, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Gaurav Datta, Advocate for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (fo seek anticipatory bail in case FIR No.10 dated 15.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhit 2023, at Police Station Anandpur Sahib, District Roopnagar On 12.03.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.10 dated 15.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anandpur Sahib, District Roopnagar. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-11553-2026 Date of decision: 30.03.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL r. Harsh Vasu Gupta, Advocate filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.10 dated 15.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anandpur Sahib, District Roopnagar. 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.10 dated 15.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anandpur Sahib, District ….Petitioner ....Respondent filed under Section 482 of the r short “BNSS”), the petitioner FIR No.10 dated 15.01.2026 registered under a, 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.10 dated 15.01.2026 registered under Sections 109, 115(2), 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Anandpur Sahib, District GURPREET 2026.04.01 18:50 I attest to the accuracy and authenticity of this document. CRM-M-11553 petitione has no concern with the said offence. He argued that the alleged occurrence took place on 11.01.2026 but the FIR in question was registered on 15.01.2026 i.e. after an unexplained delay of 04 days, c that if the contents of the FIR are taken to be true, even then the petitioner is attributed only one injury with sword and as per MLR of the complainant, the said injury has been declared to be simp of BNS, which has been added by the prosecution only to make the offence graver. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is re when called upon to do so by the investigating agency. accepts notice on behalf of respondent file status 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 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. 3. Lear the order dated investigation. 11553-2026 2 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 11.01.2026 but the FIR in question was registered on 15.01.2026 i.e. after an unexplained delay of 04 days, casting serious doubt on the prosecution story. He argued that if the contents of the FIR are taken to be true, even then the petitioner is attributed only one injury with sword and as per MLR of the complainant, the said injury has been declared to be simple in nature and thus, the same does not attract Section 109 of BNS, which has been added by the prosecution only to make the offence graver. No recovery is to be effected from the petitioner. 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. Rahul Jindal, AAG, Punjab, accepts notice on behalf of respondent file status report in the matter. Adjourned to 30.03.2026. 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 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.” Learned counsel for the petitioner submits that in compliance of the order dated 12.03.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the petitioner has submitted that the r 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 11.01.2026 but the FIR in question was registered on 15.01.2026 i.e. after an unexplained delay of 04 asting serious doubt on the prosecution story. He argued that if the contents of the FIR are taken to be true, even then the petitioner is attributed only one injury with sword and as per MLR of the complainant, the said injury has been declared to be le in nature and thus, the same does not attract Section 109 of BNS, which has been added by the prosecution only to make the offence graver. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the ady and willing to join the investigation as and when called upon to do so by the investigating agency. On asking of the Court, Mr. Rahul Jindal, AAG, 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 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 ned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the petitioner has submitted that the r 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 11.01.2026 but the FIR in question was registered on 15.01.2026 i.e. after an unexplained delay of 04 asting serious doubt on the prosecution story. He argued that if the contents of the FIR are taken to be true, even then the petitioner is attributed only one injury with sword and as per MLR of the complainant, the said injury has been declared to be le in nature and thus, the same does not attract Section 109 of BNS, which has been added by the prosecution only to make the offence graver. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the ady and willing to join the investigation as and On asking of the Court, Mr. Rahul Jindal, AAG, 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 event of arrest, he 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 ned counsel for the petitioner submits that in compliance of joined the GURPREET 2026.04.01 18:50 I attest to the accuracy and authenticity of this document. CRM-M-11553 4. Learned counsel for the State, on instructions Danshveer Singh, investigation and 5. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner 6. 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 a Section 482(2) of the BNSS 30.03.2026 Gurpreet 11553-2026 3 Learned counsel for the State, on instructions Danshveer Singh, has submitted that the petitioner ha investigation and is no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the o the petitioner. In view of the statement made by learned State counsel, the interim order dated 12.03.2026 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 Inspector the petitioner has joined the no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the 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 nd shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No of Inspector joined the Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the 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 nd shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.01 18:50 I attest to the accuracy and authenticity of this document.