Research › Search › Judgment

High Court of Punjab and Haryana · body

2023 DAILYLAW 4446 (PNJ)

KAMLESH KUMAR v. STATE OF PUNJAB

CRM-M/3329/2026 · 2026-03-24

Rupinderjit Chahal

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-3329 IN THE HIGH COURT OF PUNJAB & HARYANA 210 KAMLESH KUMAR STATE OF PUNJAB CORAM:- HON'BLE Present:- M for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Abnash Singh, for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners seek anticipatory bail in case Section 420 IPC, at Police Station Sadar N 2. On ordinate bench of this Court the BNSS, 2023, is for grant of anticipatory bail to the petitioner in a 420 IPC, at Police Station Sadar Nawanshahar, District SBS Nagar. 3329-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: KAMLESH KUMAR Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Lakhwinder S. Mann, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Abnash Singh, Advocate for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners seek anticipatory bail in case FIR No.197 dated 29.11.2025, registered under Section 420 IPC, at Police Station Sadar Nawanshahar, District SBS Nagar On 21.01.2026, the following order ordinate bench of 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 a case FIR No.197 dated 29.11.2025, registered under Section 420 IPC, at Police Station Sadar Nawanshahar, District SBS Nagar. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-3329-2026 Date of decision: 24.03.2026 ….Petitioner ....Respondent MS. JUSTICE RUPINDERJIT CHAHAL r. Lakhwinder S. Mann, Advocate Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners FIR No.197 dated 29.11.2025, registered under awanshahar, District SBS Nagar. following order was passed by the co- Prayer in the present petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner case FIR No.197 dated 29.11.2025, registered under Section 420 IPC, at Police Station Sadar Nawanshahar, District SBS ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners FIR No.197 dated 29.11.2025, registered under - Prayer in the present petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner case FIR No.197 dated 29.11.2025, registered under Section 420 IPC, at Police Station Sadar Nawanshahar, District SBS GURPREET 2026.03.25 18:37 I attest to the accuracy and authenticity of this document. CRM-M-3329 petitioner has been falsely implicated in the present case only on the alleged money is not in the account of the petitioner but it is in the accounts of the co further submits that the petitioner has no criminal antecede and, thus, as no prima facie case is made out against the petitioner, he deserves concession of anticipatory bail. behalf of the respondent instructi be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. The petitioner shall join investigation before the Investiga abide by the following conditions as envisaged under Section 482(2) of the BNSS, 2023 (erstwhile Section 438(2) of Cr.P.C.): interrogation by a police officer as and wh any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police office permission of the Court. 3. Learned counsel for the petitioner submits that in compliance of the order dated petitioner has jo 3329-2026 2 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on the allegation of conspiracy. It is submitted that transfer of the alleged money is not in the account of the petitioner but it is in the accounts of the co-accused who are sons of the petitioner. He further submits that the petitioner has no criminal antecede and, thus, as no prima facie case is made out against the petitioner, he deserves concession of anticipatory bail. Notice of motion. Ms. Ramta Chowdhary, DAG, Punjab, accepts notice on behalf of the respondent-State and prays for time to have instructions. Adjourned to 16.03.2026. In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. The petitioner shall join investigation before the Investiga abide by the following conditions as envisaged under Section 482(2) of the BNSS, 2023 (erstwhile Section 438(2) of Cr.P.C.): (1) That the petitioner shall make himself available for interrogation by a police officer as and wh (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police office (iii) That the petitioner shall not leave India without prior permission of the Court.” Learned counsel for the petitioner submits that in compliance of the order dated 21.01.2026 passed by the co-ordinate bench of joined the investigation. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on allegation of conspiracy. It is submitted that transfer of the alleged money is not in the account of the petitioner but it is in accused who are sons of the petitioner. He further submits that the petitioner has no criminal antecedents and, thus, as no prima facie case is made out against the petitioner, he deserves concession of anticipatory bail. Ms. Ramta Chowdhary, DAG, Punjab, accepts notice on State and prays for time to have In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. The petitioner shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) of the BNSS, 2023 (erstwhile Section 438(2) of Cr.P.C.):- (1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iii) That the petitioner shall not leave India without prior Learned counsel for the petitioner submits that in compliance of ordinate bench of this Court, the Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on allegation of conspiracy. It is submitted that transfer of the alleged money is not in the account of the petitioner but it is in accused who are sons of the petitioner. He nts and, thus, as no prima facie case is made out against the Ms. Ramta Chowdhary, DAG, Punjab, accepts notice on State and prays for time to have In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. The petitioner shall join ting Agency/Officer. He shall abide by the following conditions as envisaged under Section (1) That the petitioner shall make himself available for (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such (iii) That the petitioner shall not leave India without prior Learned counsel for the petitioner submits that in compliance of this Court, the GURPREET 2026.03.25 18:37 I attest to the accuracy and authenticity of this document. CRM-M-3329 4. Learned counsel for the State, on instructions the petitioner ha investigation. 5. Learned counsel appearing for the complainant submits that 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 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 24.03.2026 Gurpreet 3329-2026 3 Learned counsel for the State, on instructions the petitioner has joined the investigation and Learned counsel appearing for the complainant submits that offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 21.01.2026 passed by the co 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, has submitted that joined the investigation and is no longer required for further 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 the co-ordinate bench of 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. (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No has submitted that no longer required for further the offence committed by petitioner is serious in nature and hence, opposes the In view of the statement made by learned State counsel, the 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 (RUPINDERJIT CHAHAL) GURPREET 2026.03.25 18:37 I attest to the accuracy and authenticity of this document.