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2023 DAILYLAW 5428 (PNJ)

DIPANSHU SHARMA ALIAS LUCKY SHARMA v. STATE OF PUNJAB

CRM-M/20462/2026 · 2026-05-18

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-20462 IN THE HIGH COURT OF PUNJAB & HARYANA 216 DIPANSHU SHARMA ALIAS LUCKY SHARMA STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Abhinav Prashar, Mr. Jahandeep Sandhu, for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab ***** 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), 126(2), 118(1), 342(2), 35 Bharatiya Nyaya Sanhita, 2023 (Section 109 of BNS added later on) at Police Station City Rajpura, District Patiala 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.245 dated 29.09.2025 registered under Sections 115(2), 126(2), 118(1), 342(2), 351(2), 351(3), 191(3), 190 of the 20462-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: DIPANSHU SHARMA ALIAS LUCKY SHARMA Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Abhinav Prashar, Advocate for Mr. Jahandeep Sandhu, Advocate for the petitioner. Ms. Amrit Kaur Mahir, 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.245 dated 29.09.2025 registered under Sections 115(2), 126(2), 118(1), 342(2), 351(2), 351(3), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (Section 109 of BNS added later on) at Police Station City Rajpura, District Patiala. On 06.05.2026, 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.245 dated 29.09.2025 registered under Sections 115(2), 126(2), 118(1), 342(2), 351(2), 351(3), 191(3), 190 of the IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-20462-2026 Date of decision: 18.05.2026 DIPANSHU SHARMA ALIAS LUCKY SHARMA ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL for 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.245 dated 29.09.2025 registered under 1(2), 351(3), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (Section 109 of BNS added later on) at 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 petitioner in case FIR No.245 dated 29.09.2025 registered under Sections 115(2), 126(2), 118(1), 342(2), 351(2), 351(3), 191(3), 190 of the ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.245 dated 29.09.2025 registered under 1(2), 351(3), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (Section 109 of BNS added later on) at Police 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.245 dated 29.09.2025 registered under Sections 115(2), 126(2), 118(1), 342(2), 351(2), 351(3), 191(3), 190 of the GURPREET 2026.05.19 16:44 I attest to the accuracy and authenticity of this document. CRM-M-20462 Bh on) at Police Station City Rajpura, District Patiala. petitioner has been falsely implicated in the present case as earlier the father of the p the police and the complainant because of which the petitioner has been roped in the present case. He contends that that the petitioner is a juvenile and he was not armed with any weapon and no specific injury has b recovery is to be effected from him. He further contends that as per the contents of the FIR only role attributed to the petitioner is that he tried to hit the complainant with an iron datar which was warded off by the into multiple injuries to the complainant. He further submitted that all the injuries in the present case are simple in nature and the only grievous injury on the person of of falling on grou 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 investigating agency. status report in the matter which is taken on record and while referring to the status report, he has opposed the prayer for grant of anticipatory bail to the petitioner, by submitting that the allegations levelled against the petiti as he was the main aggressor who initiated the occurrence. investigation within a week from today and would appear as and when required by the Investigating 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 petitioners 20462-2026 2 Bharatiya Nyaya Sanhita, 2023 (Section 109 of BNS added later on) at Police Station City Rajpura, District Patiala. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as earlier the father of the petitioner had a dispute/altercation with the police and the complainant because of which the petitioner has been roped in the present case. He contends that that the petitioner is a juvenile and he was not armed with any weapon and no specific injury has been attributed to the petitioner. No recovery is to be effected from him. He further contends that as per the contents of the FIR only role attributed to the petitioner is that he tried to hit the complainant with an iron datar which was warded off by the complainant by using his hands, resulting into multiple injuries to the complainant. He further submitted that all the injuries in the present case are simple in nature and the only grievous injury on the person of of falling on ground and not because of any alleged act of 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 investigating agency. On the other hand, learned State status report in the matter which is taken on record and while referring to the status report, he has opposed the prayer for grant of anticipatory bail to the petitioner, by submitting that the allegations levelled against the petiti as he was the main aggressor who initiated the occurrence. List on 18.05.2026. 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 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 petitioners aratiya Nyaya Sanhita, 2023 (Section 109 of BNS added later on) at Police Station City Rajpura, District Patiala. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as etitioner had a dispute/altercation with the police and the complainant because of which the petitioner has been roped in the present case. He contends that that the petitioner is a juvenile and he was not armed with any weapon een attributed to the petitioner. No recovery is to be effected from him. He further contends that as per the contents of the FIR only role attributed to the petitioner is that he tried to hit the complainant with an iron datar which complainant by using his hands, resulting into multiple injuries to the complainant. He further submitted that all the injuries in the present case are simple in nature and the only grievous injury on the person of complainant is because nd and not because of any alleged act of 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 investigating agency. On the other hand, learned State counsel has filed the status report in the matter which is taken on record and while referring to the status report, he has opposed the prayer for grant of anticipatory bail to the petitioner, by submitting that the allegations levelled against the petitioner are serious in nature as he was the main aggressor who initiated the occurrence. 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 petitioners aratiya Nyaya Sanhita, 2023 (Section 109 of BNS added later Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as etitioner had a dispute/altercation with the police and the complainant because of which the petitioner has been roped in the present case. He contends that that the petitioner is a juvenile and he was not armed with any weapon een attributed to the petitioner. No recovery is to be effected from him. He further contends that as per the contents of the FIR only role attributed to the petitioner is that he tried to hit the complainant with an iron datar which complainant by using his hands, resulting into multiple injuries to the complainant. He further submitted that all the injuries in the present case are simple in nature and complainant is because nd and not because of any alleged act of the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and counsel has filed the status report in the matter which is taken on record and while referring to the status report, he has opposed the prayer for grant of anticipatory bail to the petitioner, by submitting that the oner are serious in nature In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and 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 petitioners GURPREET 2026.05.19 16:44 I attest to the accuracy and authenticity of this document. CRM-M-20462 shall also abide by the conditions 482(2) of BNSS, 2023. 3. L the order dated investigation. 4. Learned counsel for the State, on Singh, has submitted that the petitioner ha longer required for further investigation. 5. 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 18.05.2026 Gurpreet 20462-2026 3 shall also abide by the conditions 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of the order dated 06.05.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on 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 06.05.2026 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 shall also abide by the conditions as envisaged under Section earned 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 from ASI Prem joined the investigation and is 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 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 as envisaged under Section earned counsel for the petitioner submits that in compliance of joined the from ASI Prem 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 and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.19 16:44 I attest to the accuracy and authenticity of this document.