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2023 DAILYLAW 5567 (PNJ)

KARTIK KUMAR v. STATE OF PUNJAB

CRM-M/26683/2026 · 2026-05-26

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-26683 IN THE HIGH COURT OF PUNJAB & HARYANA 209 KARTIK KUMAR STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. Nitish Sharma, Mr. Sahibjeet Singh, Mr. Daanish Mahajan, 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 25, 54 and 59 of the Arms Act, 1959 Police Station Sujanpur, District Pathankot 2. On the BNSS, 2023 is for grant of anticipatory bail to the in case FIR No.23 dated 24.01.2026 registered under Sections 25, 54 and 59 of the Arms Act, 1959 and Section 111 BNS, 2023 at Police Station Sujanpur, District Pathankot. 26683-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: KARTIK KUMAR Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Nitish Sharma, Advocate and Mr. Sahibjeet Singh, Advocate for Mr. Daanish Mahajan, 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.23 dated 24.01.2026 registered under Sections 25, 54 and 59 of the Arms Act, 1959 Police Station Sujanpur, District Pathankot. On 12.05.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the in case FIR No.23 dated 24.01.2026 registered under Sections 25, 54 and 59 of the Arms Act, 1959 and Section 111 BNS, 2023 at Police Station Sujanpur, District Pathankot. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-26683-2026 Date of decision: 26.05.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL and for 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.23 dated 24.01.2026 registered under Sections 25, 54 and 59 of the Arms Act, 1959 and Section 111 BNS, 2023 at 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.23 dated 24.01.2026 registered under Sections 25, 54 and 59 of the Arms Act, 1959 and Section 111 BNS, 2023 at Police Station Sujanpur, District Pathankot. ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.23 dated 24.01.2026 registered under and Section 111 BNS, 2023 at Prayer in the present petition filed under Section 482 of petitioner in case FIR No.23 dated 24.01.2026 registered under Sections 25, 54 and 59 of the Arms Act, 1959 and Section 111 BNS, 2023 GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document. CRM-M-26683 petitioner has been contends that the petitioner has been nominated only on the basis of disclosure statement of co Varun Thakur. Apart from the disclosure statement, there is no other evidence to conn question and it is a trite law that disclosure statement of the co accused during his/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. He submits that there as he was not in possession of any firearm at any point of time. He further submits that the only role attributed to the petitioner is that he had sold the recovered firearm to the co divided the prosecution has not even an iota of evidence to connect the petitioner with the co implication in the present case is unjustified. He further submits that co this Court vide order dated 02.04.2026. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agenc Punjab accepts notice on behalf of respondent time to file status report in the matter. 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, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners 26683-2026 2 Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He contends that the petitioner has been nominated only on the basis of disclosure statement of co-accused Suraj and Varun Singh @ Varun Thakur. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of the co accused during his/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. He submits that there is no direct allegations against the petitioner as he was not in possession of any firearm at any point of time. He further submits that the only role attributed to the petitioner is that he had sold the recovered firearm to the co divided the sale proceeds equally. He submits that the prosecution has not even an iota of evidence to connect the petitioner with the co-accused and he further avers that his implication in the present case is unjustified. He further submits that co-accused has already been granted this Court vide order dated 02.04.2026. Learned counsel for the petitioner further submits 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. Amritpal Singh Gill, DAG, Punjab accepts notice on behalf of respondent time to file status report in the matter. Adjourned to 26.05.2026. 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 Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the atisfaction of Arresting/Investigating Officer. The petitioners Learned counsel for the petitioner contends that the falsely implicated in the present case. He contends that the petitioner has been nominated only on the basis accused Suraj and Varun Singh @ Varun Thakur. Apart from the disclosure statement, there is no ect the petitioner with the offence in question and it is a trite law that disclosure statement of the co- accused during his/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. He is no direct allegations against the petitioner as he was not in possession of any firearm at any point of time. He further submits that the only role attributed to the petitioner is that he had sold the recovered firearm to the co-accused and sale proceeds equally. He submits that the prosecution has not even an iota of evidence to connect the accused and he further avers that his implication in the present case is unjustified. He further submits ady been granted concession of bail by this Court vide order dated 02.04.2026. Learned counsel for the petitioner further submits 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. Amritpal Singh Gill, DAG, Punjab accepts notice on behalf of respondent-State and seeks time to file status report in the matter. 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, she shall be admitted to interim bail on furnishing of bail/surety bonds to the atisfaction of Arresting/Investigating Officer. The petitioners Learned counsel for the petitioner contends that the falsely implicated in the present case. He contends that the petitioner has been nominated only on the basis accused Suraj and Varun Singh @ Varun Thakur. Apart from the disclosure statement, there is no ect the petitioner with the offence in - accused during his/her custodial interrogation is not admissible in evidence. No recovery is to be effected from the petitioner. He is no direct allegations against the petitioner as he was not in possession of any firearm at any point of time. He further submits that the only role attributed to the petitioner accused and sale proceeds equally. He submits that the prosecution has not even an iota of evidence to connect the accused and he further avers that his implication in the present case is unjustified. He further submits concession of bail by this Court vide order dated 02.04.2026. Learned counsel for the petitioner further submits 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. Amritpal Singh Gill, 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 with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the atisfaction of Arresting/Investigating Officer. The petitioners GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document. CRM-M-26683 shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. L the order dated investigation. 4. Learned counsel for the State, on instructions has submitted that the petitioner ha 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 Section 482(2) of the BNSS 26.05.2026 Gurpreet 26683-2026 3 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 12.05.2026 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 required for further investigation. In view of the statement made by learned State counsel, the interim order dated 12.05.2026 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 this Court, the petitioner has joined the Learned counsel for the State, on instructions from Insp. Mohit, joined the investigation and is no longer 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 the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No shall also abide by the conditions as envisaged under Section earned counsel for the petitioner submits that in compliance of joined the from Insp. Mohit, no longer 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 the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document.