CRM-M-17660 IN THE HIGH COURT OF PUNJAB & HARYANA 220 SUKHWINDER SINGH BRAR ALIAS SUKHA SINGH STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- M for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab Ms. Sejal, 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 petitioner seeks anticipatory bail in case Sections 115(2), 118(1) and 3(5) of the Bh (Section 118(2) of the BNS added later on vide DDR No.20 dated 07.03.2026), at Police Station Sadar Moga, District Moga 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.0044 dated 05.03.2026 registered under Sections 17660-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: SUKHWINDER SINGH BRAR ALIAS SUKHA SINGH Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Harpreet Singh Jakhal, Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab Ms. Sejal, 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 petitioner seeks anticipatory bail in case FIR No.0044 dated 05.03.2026 registered under Sections 115(2), 118(1) and 3(5) of the Bh (Section 118(2) of the BNS added later on vide DDR No.20 dated 07.03.2026), at Police Station Sadar Moga, District Moga On 02.04.2026, 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.0044 dated 05.03.2026 registered under Sections IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-17660-2026 Date of decision: 20.04.2026 SUKHWINDER SINGH BRAR ALIAS SUKHA SINGH ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Advocate 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 petitioner FIR No.0044 dated 05.03.2026 registered under Sections 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (Section 118(2) of the BNS added later on vide DDR No.20 dated 07.03.2026), at Police Station Sadar Moga, District Moga. 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.0044 dated 05.03.2026 registered under Sections ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.0044 dated 05.03.2026 registered under aratiya Nyaya Sanhita, 2023 (Section 118(2) of the BNS added later on vide DDR No.20 dated 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.0044 dated 05.03.2026 registered under Sections GURPREET 2026.04.21 16:52 I attest to the accuracy and authenticity of this document. CRM-M-17660 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (Sectio 07.03.2026), at Police Station Sadar Moga, District Moga. petitioner has been falsely implicated in the present case and he has no concern occurrence took place on 04.03.2026 but the FIR in question was registered on 05.03.2026 i.e. after a delay of 01 day, casting serious doubt on the prosecution story. He further argued that if the contents attributed to the petitioner is stated to be simple in nature. He further argued that Section 118(2) of BNS was added by the prosecution only to make the offence graver. Further, co Gurwinder S concession of interim anticipatory bail by this Court, vide order dated 25.03.2026. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. accepts noti file status report in the matter. on behalf of the complainant and filed her Power of Attorney, which is taken on record. She, while opposing the pr grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the crime and, thus, does not deserve the concession of bail. investigation within a week from today and would appear as and 17660-2026 2 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (Section 118(2) of the BNS added later on vide DDR No.20 dated 07.03.2026), at Police Station Sadar Moga, District Moga. 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 incident. He argued that the alleged occurrence took place on 04.03.2026 but the FIR in question was registered on 05.03.2026 i.e. after a delay of 01 day, casting serious doubt on the prosecution story. He further argued that if the contents of the FIR are taken to be true, even then the injury attributed to the petitioner is stated to be simple in nature. He further argued that Section 118(2) of BNS was added by the prosecution only to make the offence graver. Further, co Gurwinder Singh alias Gaggi has already been granted the concession of interim anticipatory bail by this Court, vide order dated 25.03.2026. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. 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. Amit Shukla, DAG, Punjab, accepts notice on behalf of respondent file status report in the matter. At this stage, Ms. Sejal, Advocate has put in appearance on behalf of the complainant and filed her Power of Attorney, which is taken on record. She, while opposing the pr grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the crime and, thus, does not deserve the concession of bail. Adjourned to 20.04.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 n 118(2) of the BNS added later on vide DDR No.20 dated 07.03.2026), at Police Station Sadar Moga, District Moga. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he with the said incident. He argued that the alleged occurrence took place on 04.03.2026 but the FIR in question was registered on 05.03.2026 i.e. after a delay of 01 day, casting serious doubt on the prosecution story. He further argued that if of the FIR are taken to be true, even then the injury attributed to the petitioner is stated to be simple in nature. He further argued that Section 118(2) of BNS was added by the prosecution only to make the offence graver. Further, co-accused ingh alias Gaggi has already been granted the concession of interim anticipatory bail by this Court, vide order dated 25.03.2026. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no him. 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. Amit Shukla, DAG, Punjab, ce on behalf of respondent-State and seeks time to At this stage, Ms. Sejal, Advocate has put in appearance on behalf of the complainant and filed her Power of Attorney, which is taken on record. She, while opposing the prayer for grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the crime and, thus, does not deserve the concession of bail. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 n 118(2) of the BNS added later on vide DDR No.20 dated Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he with the said incident. He argued that the alleged occurrence took place on 04.03.2026 but the FIR in question was registered on 05.03.2026 i.e. after a delay of 01 day, casting serious doubt on the prosecution story. He further argued that if of the FIR are taken to be true, even then the injury attributed to the petitioner is stated to be simple in nature. He further argued that Section 118(2) of BNS was added by the accused ingh alias Gaggi has already been granted the concession of interim anticipatory bail by this Court, vide order dated 25.03.2026. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no him. 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. Amit Shukla, DAG, Punjab, State and seeks time to At this stage, Ms. Sejal, Advocate has put in appearance on behalf of the complainant and filed her Power of Attorney, ayer for grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the crime and, thus, In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and GURPREET 2026.04.21 16:52 I attest to the accuracy and authenticity of this document. CRM-M-17660 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 fumishing of bail/surety bonds to the sa shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required for further investigatio 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 and shall also abide by the conditions as provided under Section 482(2) of the BNSS 20.04.2026 Gurpreet 17660-2026 3 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 fumishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The 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 02.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and 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 grant of bail to the petitioner. In view of the statement made by learned State counsel, the r dated 02.04.2026 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 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 fumishing of bail/surety bonds to the tisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions of ASI Lakhvir joined the investigation and is no 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 Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No 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 fumishing of bail/surety bonds to the tisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of joined the of ASI Lakhvir no 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 Investigating Officer and shall also abide by the conditions as provided under JIT CHAHAL) GURPREET 2026.04.21 16:52 I attest to the accuracy and authenticity of this document.