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2023 DAILYLAW 4542 (PNJ)

DEVANSH v. STATE OF PUNJAB

CRM-M/73883/2025 · 2026-02-04

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-73883 IN THE HIGH COURT OF PUNJAB & HARYANA 326 DEVANSH STATE OF CORAM:- HON'BLE Present:- RUPINDERJIT CHAHAL, J. (ORAL) 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case under Sections 307, 148 and 149 IPC and Sections 25 and 27 Act, at Police Station Division 8, District Jalandhar 2. 73883-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Amit Arora, Advocate for the petitioner. Ms. Aiman J. Chishti, 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.0123 dated 16.05.2021 under Sections 307, 148 and 149 IPC and Sections 25 and 27 Act, at Police Station Division 8, District Jalandhar On 15.01.2026, 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 FIR No.0123 dated 16.05.2021 under Sections 307, 148 and 149 IPC and Sections 25 and 27 of the Arms Act, at Police Station Division 8, District Jalandhar. -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-73883-2025 Date of decision: 04.02.2026 ….Petitioner ....Respondent MS. JUSTICE RUPINDERJIT CHAHAL Ms. Aiman J. Chishti, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.0123 dated 16.05.2021 under Sections 307, 148 and 149 IPC and Sections 25 and 27 of the Arms Act, at Police Station Division 8, District Jalandhar. , 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 FIR No.0123 dated 16.05.2021 under Sections 307, 148 and 149 IPC and Sections 25 and 27 of the Arms Act, at Police Station Division 8, District Jalandhar. - Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.0123 dated 16.05.2021 of the Arms Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in FIR No.0123 dated 16.05.2021 under Sections 307, 148 and 149 IPC and Sections 25 and 27 of the Arms Act, at Police GURPREET 2026.02.06 10:34 I attest to the accuracy and authenticity of this document. CRM-M-73883 petitioner has been falsely implicated in the present case and he petitioner was not named in the FIR and he has been nominated IPC was added by the prosecution only to make the offence further submitted that the petitioner is ready and 73883-2025 Brief facts as per the case of the prosecution are that due to some old enmity, the petitioner attacked and caused injuries to the complainant with an intention to kill him. 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 petitioner was not named in the FIR and he has been nominated in this case as an accused only on the basis of suspicion without any concrete evidence. He further argued that if the contents of the FIR are taken to be true, even has been attributed to the present petitioner and Section 307 of IPC was added by the prosecution only to make the offence graver. He has submitted that the petitioner was granted an anticipatory bail by the Co-ordinate Bench 16.09.2021 but he could not join investigation as at the relevant time, the petitioner was the accused in other FIR. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent time to file status report in the matter. Adjourned to 04.02.2026. 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 admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The -2- Brief facts as per the case of the prosecution are that due to some old enmity, the petitioner along with other co-accused attacked and caused injuries to the complainant with an 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 petitioner was not named in the FIR and he has been nominated in this case as an accused only on the basis of suspicion without any concrete evidence. He further argued that if the contents of the FIR are taken to be true, even then no specific injury/role has been attributed to the present petitioner and Section 307 of IPC was added by the prosecution only to make the offence graver. He has submitted that the petitioner was granted an ordinate Bench of this Court on 16.09.2021 but he could not join investigation as at the relevant time, the petitioner was the accused in other FIR. 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 On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent-State and seeks the matter. Adjourned to 04.02.2026. 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 - Brief facts as per the case of the prosecution are that due accused attacked and caused injuries to the complainant with an Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he incident. He argued that the petitioner was not named in the FIR and he has been nominated in this case as an accused only on the basis of suspicion without any concrete evidence. He further argued that if the contents of then no specific injury/role has been attributed to the present petitioner and Section 307 of IPC was added by the prosecution only to make the offence graver. He has submitted that the petitioner was granted an of this Court on 16.09.2021 but he could not join investigation as at the relevant time, the petitioner was the accused in other FIR. No recovery is to be effected from the petitioner. Learned counsel has willing to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Ravinder Singh, DAG, State and seeks 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 of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The GURPREET 2026.02.06 10:34 I attest to the accuracy and authenticity of this document. CRM-M-73883 petitioner shall also abide by the conditions as envisaged under 3. the order dated investigation. 4. Singh, has submitted that th longer required for further investigation. 5. interim order dated 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. 04.02.2026 Gurpreet 73883-2025 petitioner 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 15.01.2026 passed by this Court, the petitioner has joined the investigation. Learned counsel for the State, on instructions from , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 15.01.2026 passed by this Court, 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 -3- petitioner shall also abide by the conditions as envisaged under Learned counsel for the petitioner submits that in compliance of Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI Nirmal e petitioner has 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 (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No - petitioner shall also abide by the conditions as envisaged under Learned counsel for the petitioner submits that in compliance of Court, the petitioner has joined the Nirmal e petitioner has joined the investigation and is no In view of the statement made by learned State counsel, the 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 (RUPINDERJIT CHAHAL) GURPREET 2026.02.06 10:34 I attest to the accuracy and authenticity of this document.