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2023 DAILYLAW 4978 (PNJ)

DHARMINDER KUMAR ALIAS DHARMENDER KUMAR RAJAK AND OTHERS v. STATE OF PUNJAB

CRM-M/20757/2026 · 2026-04-28

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-20757 IN THE HIGH COURT OF PUNJAB & HARYANA 229 DHARMINDER KUMAR ALIAS DHARMENDER KUMAR RAJAK AND OTHERS STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Vipul Aggarwal, for the petitioner Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seek anticipatory bail in case Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Amritsar, District Police Commissionerate Amritsar 2. On the BNSS, 2023 is for grant of anticipatory bai in case FIR No.54 dated 11.03.2026 registered under Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya 20757-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: DHARMINDER KUMAR ALIAS DHARMENDER KUMAR RAJAK AND OTHERS Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Vipul Aggarwal, Advocate for the petitioners. Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seek anticipatory bail in case FIR No.54 dated 11.03.2026 registered under Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya 2023, at Police Station Sadar Amritsar, District Police Commissionerate Amritsar. On 17.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bai in case FIR No.54 dated 11.03.2026 registered under Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-20757-2026 Date of decision: 28.04.2026 DHARMINDER KUMAR ALIAS DHARMENDER KUMAR RAJAK ….Petitioners ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Amrit Kaur Mahir, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners FIR No.54 dated 11.03.2026 registered under Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya 2023, at Police Station Sadar Amritsar, District Police 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 petitioners in case FIR No.54 dated 11.03.2026 registered under Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya DHARMINDER KUMAR ALIAS DHARMENDER KUMAR RAJAK s ....Respondent under Section 482 of the s FIR No.54 dated 11.03.2026 registered under Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya 2023, at Police Station Sadar Amritsar, District Police Prayer in the present petition filed under Section 482 of l to the petitioners in case FIR No.54 dated 11.03.2026 registered under Sections 115(2), 118(1), 126(2), 191(3) and 190 of the Bharatiya Nyaya GURPREET 2026.04.29 16:31 I attest to the accuracy and authenticity of this document. CRM-M-20757 Sanhita, 2023, at Police Station Sadar Amritsar, District Police Commissionerate Amritsar. petitioners have been falsely implicated in the present case and they have no concern with the said incident. He argued that the alleged occurrence took place on 18.02.2026 but the FIR in question was registered on 11. delay of 21 days, casting serious doubt on the prosecution story. He further argued that in fact, the petitioners and their family members are the victims at the hands of the complainant party who are the aggressors and st petitioners with sharp edged weapons and regarding which, a complaint was also submitted in the police station but no action was taken. He further argued that the residents of the locality collectively presented a majornama before they had clearly stated that there is no truth in the allegations levelled in the present FIR and it is the Bechan Paswan's family who had created an atmosphere of terror and are harassing the entire locality and that the injuries suff are false and self inflicted injuries. Moreover, have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. Learned counsel has further submitted that the petitione join the investigation as and when called upon to do so by the investigating agency. Punjab, accepts notice on behalf of respondent time to file investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agenc 20757-2026 2 Sanhita, 2023, at Police Station Sadar Amritsar, District Police Commissionerate Amritsar. Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case and they have no concern with the said incident. He argued that the alleged occurrence took place on 18.02.2026 but the FIR in question was registered on 11.03.2026 i.e. after an unexplained delay of 21 days, casting serious doubt on the prosecution story. He further argued that in fact, the petitioners and their family members are the victims at the hands of the complainant party who are the aggressors and st petitioners with sharp edged weapons and regarding which, a complaint was also submitted in the police station but no action was taken. He further argued that the residents of the locality collectively presented a majornama before they had clearly stated that there is no truth in the allegations levelled in the present FIR and it is the Bechan Paswan's family who had created an atmosphere of terror and are harassing the entire locality and that the injuries suff are false and self inflicted injuries. Moreover, have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. Learned counsel has further submitted that the petitione join 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 28.04.2026. In the meantime, the petitioners are 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, they shall be Sanhita, 2023, at Police Station Sadar Amritsar, District Police he petitioners has submitted that the petitioners have been falsely implicated in the present case and they have no concern with the said incident. He argued that the alleged occurrence took place on 18.02.2026 but the FIR in 03.2026 i.e. after an unexplained delay of 21 days, casting serious doubt on the prosecution story. He further argued that in fact, the petitioners and their family members are the victims at the hands of the complainant party who are the aggressors and started quarreling with the petitioners with sharp edged weapons and regarding which, a complaint was also submitted in the police station but no action was taken. He further argued that the residents of the locality collectively presented a majornama before the police in which they had clearly stated that there is no truth in the allegations levelled in the present FIR and it is the Bechan Paswan's family who had created an atmosphere of terror and are harassing the entire locality and that the injuries suffered by the complainant are false and self inflicted injuries. Moreover, the petitioners have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. Learned counsel has further submitted that the petitioners are 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 status report in the matter. In the meantime, the petitioners are directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with y. In the event of arrest, they shall be Sanhita, 2023, at Police Station Sadar Amritsar, District Police he petitioners has submitted that the petitioners have been falsely implicated in the present case and they have no concern with the said incident. He argued that the alleged occurrence took place on 18.02.2026 but the FIR in 03.2026 i.e. after an unexplained delay of 21 days, casting serious doubt on the prosecution story. He further argued that in fact, the petitioners and their family members are the victims at the hands of the complainant party arted quarreling with the petitioners with sharp edged weapons and regarding which, a complaint was also submitted in the police station but no action was taken. He further argued that the residents of the locality the police in which they had clearly stated that there is no truth in the allegations levelled in the present FIR and it is the Bechan Paswan's family who had created an atmosphere of terror and are harassing the ered by the complainant the petitioners have clean antecedents as they are not involved in any other case and no recovery is to be effected from them. Learned counsel has rs are 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, State and seeks In the meantime, the petitioners are directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with y. In the event of arrest, they shall be GURPREET 2026.04.29 16:31 I attest to the accuracy and authenticity of this document. CRM-M-20757 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. Learned counsel for the petitioner the order dated the investigation. 4. Learned counsel for the State, on instructions Kumar, has submitted that the petitioner are no longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioners 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 28.04.2026 Gurpreet 20757-2026 3 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 the order dated 17.04.2026 passed by this Court, the petitioner the investigation. Learned counsel for the State, on instructions has submitted that the petitioners ha no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 17.04.2026 passed by this Court, is made absolute. 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 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 Learned counsel for the petitioners submits that in compliance of passed by this Court, the petitioners have joined Learned counsel for the State, on instructions from SI Ajay have joined the investigation and no longer required for further investigation. In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE speaking/reasoned? Yes/No 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 submits that in compliance of joined from SI Ajay joined the investigation and In view of the statement made by learned State counsel, the The shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.29 16:31 I attest to the accuracy and authenticity of this document.