CRM-M-20892- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (103) INDERJIT SINGH STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ranwant Singh, Advocate for the petitioner Ms. Ruchika Sabherwal, Senior DAG, Punjab **** MANISHA BATRA, J. (ORAL) 1. The Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of anticipatory registered under Sections 115(2), 118(1) and 3(5) of 2023 (for short “BNS”) 2. The aforementioned statement recorded by the complainant Jaswant Singh alleging therein that on the evening of 26.01.2026, he found his out soil kept by him near the wall of his plot reason for doing so, she started hurling abuses to him. Thereafter she called her son Inderjit i.e. the present petitioner over phone. -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Ranwant Singh, Advocate for the petitioner Ms. Ruchika Sabherwal, Senior DAG, Punjab **** MANISHA BATRA, J. (ORAL) The instant petition has been preferred of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) anticipatory bail in case arising out of FIR No. registered under Sections 115(2), 118(1) and 3(5) of 2023 (for short “BNS”) at Police Station Sadar Moga, District Moga. The aforementioned FIR has been registered on the basis of statement recorded by the complainant Jaswant Singh alleging therein that on the evening of 26.01.2026, he found his sister-in out soil kept by him near the wall of his plot, when the complainant asked the reason for doing so, she started hurling abuses to him. Thereafter she called her son Inderjit i.e. the present petitioner over phone. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20892-2026 (O&M) Date of decision : 06.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Ranwant Singh, Advocate for the petitioner Ms. Ruchika Sabherwal, Senior DAG, Punjab preferred by the petitioner under of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in case arising out of FIR No.18 dated 29.01.2026 registered under Sections 115(2), 118(1) and 3(5) of Bharatiya Nyaya Sanhita, at Police Station Sadar Moga, District Moga. has been registered on the basis of statement recorded by the complainant Jaswant Singh alleging therein that on in-law Jasvir Kaur while digging when the complainant asked the reason for doing so, she started hurling abuses to him. Thereafter she called her son Inderjit i.e. the present petitioner over phone. He accompanied with one (O&M) 2026 .. Petitioner ...Respondent under of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) 18 dated 29.01.2026 , has been registered on the basis of statement recorded by the complainant Jaswant Singh alleging therein that on law Jasvir Kaur while digging when the complainant asked the reason for doing so, she started hurling abuses to him. Thereafter she called her He accompanied with one AMIT SHARMA 2026.07.07 09:55 I attest to the accuracy and integrity of this order/judgment. CRM-M-20892- person unknown to the complainant reached there unknown person hit his back and thereafter the petitioner struck a blow with kappa thereby injuring stones upon him thereby causing injury on his nose. On clamour being raised, the assailants fled from the spot. After registration of FIR, investigation proceedings have been initiated a petitioner moved an applic dismissed by the Court of Learned Additional Sessions Judge, Moga vide order dated 18.02.2026 3. It is argued by learned counsel f falsely implicated in this case on ac removal of soil from a common passage. The occurrence took place of moment and there was no intention on the part of the petit serious injury. The complainant and himself are clos join investigation. His custodial interr be effected from him. It is thus, argued that the petition 4. Per contra, learned State counsel while relying upon report has argued that there are specific allegations against the petitioner who alongwith his accomplice had caused as many as 05 injuries to the complainant. Injury No.4 as sustained by the complainant has been opined to be grievous in nature. Section 118(2) of BNS has been added in this case. The injury so sustained had been caused by sharp out any case for extending benefit of pre exceptional or extra -2026 (O&M) 2 own to the complainant reached there unknown person hit his back and thereafter the petitioner struck a blow with injuring his left hand. His accomplice also threw bricks and s upon him thereby causing injury on his nose. On clamour being raised, the assailants fled from the spot. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arr petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Moga vide order dated 18.02.2026. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on account of a trivial family dispute regarding removal of soil from a common passage. The occurrence took place of moment and there was no intention on the part of the petit ry. The complainant and himself are clos join investigation. His custodial interrogation is not required. No re be effected from him. It is thus, argued that the petition Per contra, learned State counsel while relying upon report has argued that there are specific allegations against the petitioner who alongwith his accomplice had caused as many as 05 injuries to the complainant. Injury No.4 as sustained by the complainant has been opined to be grievous in . Section 118(2) of BNS has been added in this case. The injury so sustained had been caused by sharp-edged weapon. The allegations do not make out any case for extending benefit of pre-arrest bail to the petitioner. There is no or extra-ordinary ground to extend benefit of pre own to the complainant reached there on a motorbike. The said unknown person hit his back and thereafter the petitioner struck a blow with his left hand. His accomplice also threw bricks and s upon him thereby causing injury on his nose. On clamour being raised, the assailants fled from the spot. After registration of FIR, investigation underway. Apprehending his arrest, the ation for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Moga vide order or the petitioner that he has been count of a trivial family dispute regarding removal of soil from a common passage. The occurrence took place in the heat of moment and there was no intention on the part of the petitioner to cause any ry. The complainant and himself are close relatives. He is ready to ogation is not required. No recovery is to be effected from him. It is thus, argued that the petition deserves to be allowed. Per contra, learned State counsel while relying upon the status report has argued that there are specific allegations against the petitioner who alongwith his accomplice had caused as many as 05 injuries to the complainant. Injury No.4 as sustained by the complainant has been opined to be grievous in . Section 118(2) of BNS has been added in this case. The injury so edged weapon. The allegations do not make arrest bail to the petitioner. There is no to extend benefit of pre-arrest bail to the e. The said unknown person hit his back and thereafter the petitioner struck a blow with his left hand. His accomplice also threw bricks and s upon him thereby causing injury on his nose. On clamour being raised, the assailants fled from the spot. After registration of FIR, investigation est, the ation for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Moga vide order or the petitioner that he has been count of a trivial family dispute regarding in the heat ioner to cause any e relatives. He is ready to covery is to the status report has argued that there are specific allegations against the petitioner who alongwith his accomplice had caused as many as 05 injuries to the complainant. Injury No.4 as sustained by the complainant has been opined to be grievous in . Section 118(2) of BNS has been added in this case. The injury so edged weapon. The allegations do not make arrest bail to the petitioner. There is no arrest bail to the AMIT SHARMA 2026.07.07 09:55 I attest to the accuracy and integrity of this order/judgment. CRM-M-20892- petitioner. It is, therefore, argued that the petition does not deserve to be allowed. 5. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6. The petitioner accompanied by one another person is alleged to have voluntarily caused simple as well as grievous injuries to the complaina with sharp-edged weapon. Offence under Section 118(2) of added during the course of investigat nature. It is well settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstances of each case and there cannot be any exhaustive parameter set out for considering the application for grant of punishment if the accusations entail, conviction and nature of evidence in support of the accusations are to be seen. That apart reasonable apprehension of tampering with evidence or threat weighed. Frivolity of prosecution should also be considered and it is only the element of genuineness that has to be considered in the matter of grant of bail. The case is at its nascent stage. It is well settle powers for grant of pre ordinary and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which th may entail. In the instant case, no such exceptional or extra circumstance is, however, made out from the pleas as taken by the petitioner. For the purpose of conducting thorough and proper investigation custodial -2026 (O&M) 3 It is, therefore, argued that the petition does not deserve to be This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner accompanied by one another person is alleged to have voluntarily caused simple as well as grievous injuries to the complaina edged weapon. Offence under Section 118(2) of added during the course of investigation. Allegations against him are serious It is well settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstances of each case and there cannot be any exhaustive parameter set out for considering the application for grant of bail. The factors such as nature of accusations, severity of punishment if the accusations entail, conviction and nature of evidence in support of the accusations are to be seen. That apart reasonable apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should also be considered and it is only the element of genuineness that has to be considered in the matter of grant of bail. The case is at its nascent stage. It is well settle powers for grant of pre-arrest bail are to be exercised by the Court in extra ordinary and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which th may entail. In the instant case, no such exceptional or extra circumstance is, however, made out from the pleas as taken by the petitioner. For the purpose of conducting thorough and proper investigation custodial It is, therefore, argued that the petition does not deserve to be This Court has heard the rival submissions made by learned counsel The petitioner accompanied by one another person is alleged to have voluntarily caused simple as well as grievous injuries to the complainant edged weapon. Offence under Section 118(2) of BNS has been Allegations against him are serious in It is well settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstances of each case and there cannot be any exhaustive parameter set out for considering the of bail. The factors such as nature of accusations, severity of punishment if the accusations entail, conviction and nature of evidence in support of the accusations are to be seen. That apart reasonable apprehension of ening the material witnesses is also to be weighed. Frivolity of prosecution should also be considered and it is only the element of genuineness that has to be considered in the matter of grant of bail. The case is at its nascent stage. It is well settled proposition of law that the arrest bail are to be exercised by the Court in extra- ordinary and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which the conviction may entail. In the instant case, no such exceptional or extra-ordinary circumstance is, however, made out from the pleas as taken by the petitioner. For the purpose of conducting thorough and proper investigation custodial It is, therefore, argued that the petition does not deserve to be This Court has heard the rival submissions made by learned counsel The petitioner accompanied by one another person is alleged to t BNS has been in It is well settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstances of each case and there cannot be any exhaustive parameter set out for considering the of bail. The factors such as nature of accusations, severity of punishment if the accusations entail, conviction and nature of evidence in support of the accusations are to be seen. That apart reasonable apprehension of ening the material witnesses is also to be weighed. Frivolity of prosecution should also be considered and it is only the element of genuineness that has to be considered in the matter of grant of bail. d proposition of law that the - ordinary and exceptional circumstances and with great caution while taking into e conviction ordinary circumstance is, however, made out from the pleas as taken by the petitioner. For the purpose of conducting thorough and proper investigation custodial AMIT SHARMA 2026.07.07 09:55 I attest to the accuracy and integrity of this order/judgment. CRM-M-20892- interrogation of the discussed facts, this Court is of the considered opinion that the petition deserves to be dismissed. Accordingly the same is dismissed. 7. It is made clear that any observation made herein above is the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 8. Since the main petition has been any, is rendered infructuous. 06.07.2026 Amit Sharma -2026 (O&M) 4 interrogation of the petitioner is must. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves to be dismissed. Accordingly the same is dismissed. It is made clear that any observation made herein above is the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. Since the main petition has been dismissed any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No petitioner is must. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves to be dismissed. Accordingly the same is dismissed. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing dismissed, pending application, if (MANISHA BATRA) JUDGE Yes/No petitioner is must. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves only for the purpose of deciding the present petition and the same shall have no bearing , pending application, if AMIT SHARMA 2026.07.07 09:55 I attest to the accuracy and integrity of this order/judgment.