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2023 DAILYLAW 5013 (PNJ)

LEESA v. STATE OF PUNJAB

CRM-M/3695/2026 · 2026-05-08

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-3695 IN THE HIGH COURT OF PUNJAB & HARYANA 202 LEESA STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE Present:- Mr. Bhupinder Gupta, Mr. Aabhas Prabhakar, for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha seeks anticipatory bail in case 115(2), 118(1), 298, 191(3), 190 and 109 of registered at Police Station Kartarpur, District Jalandhar Rural. 2. On ordinate Bench 115(2), 11 Sanhita, 2023, the FIR No.315 dated 06.12.2025 has been lodged in Police Station Kartarpur, District Jalandhar Rural. In the abovementioned case, the petitioner is apprehending arrest, and therefore, for th 3695-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Bhupinder Gupta, Advocate and Mr. Aabhas Prabhakar, Advocate for the petitioner. Mr. Amrit Pal Singh Gill, DAG, 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.315 dated 06.12.2025, under Sections 115(2), 118(1), 298, 191(3), 190 and 109 of Bharatiya Nyaya Sanhita, 2023 Police Station Kartarpur, District Jalandhar Rural. On 22.01.2026, the following order ordinate Bench of this Court: - “For the commission of offence punishable under Sections 115(2), 118(1), 298, 191(3), 190 and 109 of Bharatiya Nyaya Sanhita, 2023, the FIR No.315 dated 06.12.2025 has been lodged in Police Station Kartarpur, District Jalandhar Rural. In the abovementioned case, the petitioner is apprehending arrest, and therefore, for the benefit of anticipatory bail she has approached IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-3695-2026 Date of decision: 08.05.2026 ….Petitioner ....Respondent RUPINDERJIT CHAHAL and Advocate Mr. Amrit Pal Singh Gill, DAG, Punjab. Through the instant petition filed under Section 482 of the Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.315 dated 06.12.2025, under Sections Bharatiya Nyaya Sanhita, 2023, Police Station Kartarpur, District Jalandhar Rural. following order was passed by the Co- For the commission of offence punishable under Sections 8(1), 298, 191(3), 190 and 109 of Bharatiya Nyaya Sanhita, 2023, the FIR No.315 dated 06.12.2025 has been lodged in Police Station Kartarpur, District Jalandhar Rural. In the abovementioned case, the petitioner is apprehending arrest, and e benefit of anticipatory bail she has approached ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.315 dated 06.12.2025, under Sections , - For the commission of offence punishable under Sections 8(1), 298, 191(3), 190 and 109 of Bharatiya Nyaya Sanhita, 2023, the FIR No.315 dated 06.12.2025 has been lodged in Police Station Kartarpur, District Jalandhar Rural. In the abovementioned case, the petitioner is apprehending arrest, and e benefit of anticipatory bail she has approached GURPREET 2026.05.08 14:59 I attest to the accuracy and authenticity of this document. CRM-M-3695 this Court by virtue of present petition under Section 482 of BNSS. FIR of this case came into being at the instance of 'Jaskaran Singh', hereina stated by the above about 03:00 pm, when he was going from home to his workplace on motorcycle in Mohalla Rishi Nagar, Kartarpur locality, Naveen signaled him to s motorcycle, an attack was launched upon him by Naveen who was armed with kara, Manu Kumar & Sonu armed with wooden handle and Ravi, Neeraj and Priya armed with stick. According to complainant, in the abovementioned inci serious injuries. abovementioned statement, formal FIR of this case was lodged and the investigation taken up. appears on behalf of respondent upon the State is hereby dispensed with. detailed statement was recorded by the Investigating Officer before lodgin suffered by the victim was given, and in the abovementioned FIR, neither the name of the petitioner has figured, nor any role has been attributed to him in the commission of crime. According to learned co injury has been attributed to the petitioner, she is entitled for the benefit of anticipatory bail. after lodging of FIR, supplementary statement of victim was recorded, and in the supplementary statement the victim stated 3695-2026 2 this Court by virtue of present petition under Section 482 of BNSS. 2. In nut-shell, the facts emerging from record are that the FIR of this case came into being at the instance of 'Jaskaran Singh', hereinafter being referred to as 'complainant' only. It was stated by the above-named complainant that on 06.12.2025 at about 03:00 pm, when he was going from home to his workplace on motorcycle in Mohalla Rishi Nagar, Kartarpur locality, Naveen signaled him to stop and when complainant stopped his motorcycle, an attack was launched upon him by Naveen who was armed with kara, Manu Kumar & Sonu armed with wooden handle and Ravi, Neeraj and Priya armed with stick. According to complainant, in the abovementioned inci serious injuries. 3. It is the case of the prosecution that in view of abovementioned statement, formal FIR of this case was lodged and the investigation taken up. 5. Notice of motion. 6. Mr. Eklavya Darshi, Deputy Advocate General, appears on behalf of respondent upon the State is hereby dispensed with. 7. Heard. 8. It has been contended on behalf of petitioner that a very detailed statement was recorded by the Investigating Officer before lodging of FIR, wherein each and every detail of injuries suffered by the victim was given, and in the abovementioned FIR, neither the name of the petitioner has figured, nor any role has been attributed to him in the commission of crime. According to learned counsel for the petitioner, in view of above, once no injury has been attributed to the petitioner, she is entitled for the benefit of anticipatory bail. 9. Per contra, the learned State Counsel has submitted that after lodging of FIR, supplementary statement of victim was recorded, and in the supplementary statement the victim stated this Court by virtue of present petition under Section 482 of shell, the facts emerging from record are that the FIR of this case came into being at the instance of 'Jaskaran fter being referred to as 'complainant' only. It was named complainant that on 06.12.2025 at about 03:00 pm, when he was going from home to his workplace on motorcycle in Mohalla Rishi Nagar, Kartarpur locality, top and when complainant stopped his motorcycle, an attack was launched upon him by Naveen who was armed with kara, Manu Kumar & Sonu armed with wooden handle and Ravi, Neeraj and Priya armed with stick. According to complainant, in the abovementioned incident, he suffered 3. It is the case of the prosecution that in view of abovementioned statement, formal FIR of this case was lodged 6. Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with. 8. It has been contended on behalf of petitioner that a very detailed statement was recorded by the Investigating Officer g of FIR, wherein each and every detail of injuries suffered by the victim was given, and in the abovementioned FIR, neither the name of the petitioner has figured, nor any role has been attributed to him in the commission of crime. According to unsel for the petitioner, in view of above, once no injury has been attributed to the petitioner, she is entitled for the 9. Per contra, the learned State Counsel has submitted that after lodging of FIR, supplementary statement of victim was recorded, and in the supplementary statement the victim stated this Court by virtue of present petition under Section 482 of shell, the facts emerging from record are that the FIR of this case came into being at the instance of 'Jaskaran fter being referred to as 'complainant' only. It was named complainant that on 06.12.2025 at about 03:00 pm, when he was going from home to his workplace on motorcycle in Mohalla Rishi Nagar, Kartarpur locality, top and when complainant stopped his motorcycle, an attack was launched upon him by Naveen who was armed with kara, Manu Kumar & Sonu armed with wooden handle and Ravi, Neeraj and Priya armed with stick. According dent, he suffered 3. It is the case of the prosecution that in view of abovementioned statement, formal FIR of this case was lodged Punjab State. Hence service of notice 8. It has been contended on behalf of petitioner that a very detailed statement was recorded by the Investigating Officer g of FIR, wherein each and every detail of injuries suffered by the victim was given, and in the abovementioned FIR, neither the name of the petitioner has figured, nor any role has been attributed to him in the commission of crime. According to unsel for the petitioner, in view of above, once no injury has been attributed to the petitioner, she is entitled for the 9. Per contra, the learned State Counsel has submitted that after lodging of FIR, supplementary statement of victim was recorded, and in the supplementary statement the victim stated GURPREET 2026.05.08 14:59 I attest to the accuracy and authenticity of this document. CRM-M-3695 that the petitioner was present on the spot, and participated in the comm fairly conceded that even in the supplementary statement, neither any role has been assigned to the petitioner, nor it has been stated that she was armed with any weapon or inflicted any injury on the p factors which are required to be taken into consideration in the present petition at this stage. Those factors are: the FIR; been stated that the petitioner was armed with any weapon or inflicted any injur of petitioner; to produce a fruitful result; interim anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and interim anticipatory bail, the petitioner will not participate/cooperate in the i the abovementioned factors, it is hereby held that the petitioner is entitled for interim anticipatory bail. arrest, the petiti bail on furnishing bonds to the satisfaction of Arresting Officer. The petitioner shall join the investigation as and when called by 3695-2026 3 that the petitioner was present on the spot, and participated in the commission of offence. However, learned State Counsel has fairly conceded that even in the supplementary statement, neither any role has been assigned to the petitioner, nor it has been stated that she was armed with any weapon or inflicted any injury on the person of complainant. 10. The record has been perused carefully. 11. A perusal of the record shows that there are several factors which are required to be taken into consideration in the present petition at this stage. Those factors are: i. that the petitioner, being female, deserves a lenient view; ii. that any role has not been attributed to the petitioner in the FIR; iii. that even in the supplementary statement, it has not been stated that the petitioner was armed with any weapon or inflicted any injury on the person of complainant; iv. that nothing is left to be recovered from the possession of petitioner; v. that custodial interrogation of the petitioner is not likely to produce a fruitful result; vi. that there is nothing on record to show that while interim anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and vii. that there is nothing on record to show that while on interim anticipatory bail, the petitioner will not participate/cooperate in the investigation. 12. Taking into consideration the cumulative effect of all the abovementioned factors, it is hereby held that the petitioner is entitled for interim anticipatory bail. 13. Thus, it is hereby ordered that in the event of her arrest, the petitioner shall be released on interim anticipatory bail on furnishing bonds to the satisfaction of Arresting Officer. The petitioner shall join the investigation as and when called by that the petitioner was present on the spot, and participated in ission of offence. However, learned State Counsel has fairly conceded that even in the supplementary statement, neither any role has been assigned to the petitioner, nor it has been stated that she was armed with any weapon or inflicted any erson of complainant. The record has been perused carefully. 11. A perusal of the record shows that there are several factors which are required to be taken into consideration in the present petition at this stage. Those factors are:- ioner, being female, deserves a lenient view; ii. that any role has not been attributed to the petitioner in iii. that even in the supplementary statement, it has not been stated that the petitioner was armed with any weapon or y on the person of complainant; iv. that nothing is left to be recovered from the possession v. that custodial interrogation of the petitioner is not likely vi. that there is nothing on record to show that while on interim anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and vii. that there is nothing on record to show that while on interim anticipatory bail, the petitioner will not nvestigation. 12. Taking into consideration the cumulative effect of all the abovementioned factors, it is hereby held that the petitioner is entitled for interim anticipatory bail. 13. Thus, it is hereby ordered that in the event of her oner shall be released on interim anticipatory bail on furnishing bonds to the satisfaction of Arresting Officer. The petitioner shall join the investigation as and when called by that the petitioner was present on the spot, and participated in ission of offence. However, learned State Counsel has fairly conceded that even in the supplementary statement, neither any role has been assigned to the petitioner, nor it has been stated that she was armed with any weapon or inflicted any 11. A perusal of the record shows that there are several factors which are required to be taken into consideration in the ioner, being female, deserves a lenient view; ii. that any role has not been attributed to the petitioner in iii. that even in the supplementary statement, it has not been stated that the petitioner was armed with any weapon or iv. that nothing is left to be recovered from the possession v. that custodial interrogation of the petitioner is not likely on interim anticipatory bail, the petitioner is likely to tamper with vii. that there is nothing on record to show that while on interim anticipatory bail, the petitioner will not 12. Taking into consideration the cumulative effect of all the abovementioned factors, it is hereby held that the petitioner 13. Thus, it is hereby ordered that in the event of her oner shall be released on interim anticipatory bail on furnishing bonds to the satisfaction of Arresting Officer. The petitioner shall join the investigation as and when called by GURPREET 2026.05.08 14:59 I attest to the accuracy and authenticity of this document. CRM-M-3695 the Investigating Officer. She shall conditions as en the State 3. L the order dated petitioner has joined the investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required 5. In view of the statement made by learned State counsel, the interim order dated 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 08.05.2026 Gurpreet 3695-2026 4 the Investigating Officer. She shall conditions as envisaged under Section 482(2) of the 14. List on 22.04.2026. 15. Let status report and detailed reply, if any, be filed by the State by next date.” Learned counsel for the petitioner submits that in compliance of the order dated 22.01.2026 passed by the Co-ordinate Bench joined the investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 22.01.2026 passed by the Court, is made absolute. The petitioner shall continue to join investigation, as lled 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 the Investigating Officer. She shall abide by the terms and visaged under Section 482(2) of the BNSS, 2023. Let status report and detailed reply, if any, be filed by earned counsel for the petitioner submits that in compliance of ordinate Bench of this Court, the Learned counsel for the State, on instructions from ASI Manjit joined the investigation and is no 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 lled 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 abide by the terms and Let status report and detailed reply, if any, be filed by earned counsel for the petitioner submits that in compliance of this Court, the from ASI Manjit no In view of the statement made by learned State counsel, the this Court, is made absolute. The petitioner shall continue to join investigation, as lled by the Investigating Officer and shall also abide by the (RUPINDERJIT CHAHAL) GURPREET 2026.05.08 14:59 I attest to the accuracy and authenticity of this document.