CRM-M-36012- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (104) ABHI @ KHUSHBU STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. 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 103 and 3(5) of short “BNS”) at Police Station Sekhwan, District Batala. counsel for the petitioner, Section 249 of BNS is ordered to be added in the headnote as well as prayer clause of petition. 2. The aforementioned FIR was registered got recorded by the complainant Sunny alleging therein that on 31.12.2025, he was present at his workplace at Batala, when he received an information that his father had an altercation with 02 youths riding on a Splendor motorbike and those youths had inflicted injuries on the person of his father with a sharp weapon and his father had been taken to Civil Hospital, Gurdaspur. The complainant alongwith his family members rushed to the hospital and found his -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ABHI @ KHUSHBU Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA R.K. Arya, 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 103 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (fo at Police Station Sekhwan, District Batala. counsel for the petitioner, Section 249 of BNS is ordered to be added in the headnote as well as prayer clause of petition. The aforementioned FIR was registered got recorded by the complainant Sunny alleging therein that on 31.12.2025, he was present at his workplace at Batala, when he received an information that his father had an altercation with 02 youths riding on a Splendor motorbike and se youths had inflicted injuries on the person of his father with a sharp weapon and his father had been taken to Civil Hospital, Gurdaspur. The complainant alongwith his family members rushed to the hospital and found his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36012-2026 (O&M) Date of decision : 07.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA 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.181 dated 31.12.2025 Bharatiya Nyaya Sanhita, 2023 (for at Police Station Sekhwan, District Batala. On request of learned counsel for the petitioner, Section 249 of BNS is ordered to be added in the The aforementioned FIR was registered on the basis of statement got recorded by the complainant Sunny alleging therein that on 31.12.2025, he was present at his workplace at Batala, when he received an information that his father had an altercation with 02 youths riding on a Splendor motorbike and se youths had inflicted injuries on the person of his father with a sharp-edged weapon and his father had been taken to Civil Hospital, Gurdaspur. The complainant alongwith his family members rushed to the hospital and found his (O&M) 2026 under of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) 181 dated 31.12.2025 r On request of learned counsel for the petitioner, Section 249 of BNS is ordered to be added in the asis of statement got recorded by the complainant Sunny alleging therein that on 31.12.2025, he was present at his workplace at Batala, when he received an information that his father had an altercation with 02 youths riding on a Splendor motorbike and edged weapon and his father had been taken to Civil Hospital, Gurdaspur. The complainant alongwith his family members rushed to the hospital and found his AMIT SHARMA 2026.07.08 09:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-36012- father to be in critical c disclosed that the accused Gurmeet Singh @ Jiddi accompanied by an unknown person had stabbed him and had entered into a scuffle with him and then the accused Gurmeet Singh @ Jiddi had struck a blow with side of his ribs. Sometime, thereafter, his father succumbed to the injuries sustained by him and had died. 3. After registration of FIR, investigation proceedings were initiated. The complainant made a supplementary stateme was the petitioner who was the pillion rider on the motorbike driven by accused Gurmeet Singh @ Jiddi. The petitioner was nominated as an accused. The accused Gurmeet Singh @ Jiddi was arrested on 23.04.2026. He manage escape from custody but was again arrested on 27.04.2026. On his further disclosure, 02 more persons were nominated as additional accused. He also disclosed that the motorbike used in the occurrence was in possession of the petitioner. Apprehending grant of anticipatory bail which has been dismissed by the Court of Learned Sessions Judge, Gurdaspur vide order dated 20.05.2026. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The disclosure statement suffered by the co accused cannot be considered to be legally admissible in evidence against him. He was not the assailant. No specific overt act has been attributed to him. On the asking of the alongwith him, when a dispute had taken place between the co -2026 (O&M) 2 father to be in critical condition, who in the presence of his cousin Lovejit disclosed that the accused Gurmeet Singh @ Jiddi accompanied by an unknown person had stabbed him and had entered into a scuffle with him and then the accused Gurmeet Singh @ Jiddi had struck a blow with side of his ribs. Sometime, thereafter, his father succumbed to the injuries sustained by him and had died. After registration of FIR, investigation proceedings were initiated. The complainant made a supplementary statement on 15.01.2026, alleging that it was the petitioner who was the pillion rider on the motorbike driven by accused Gurmeet Singh @ Jiddi. The petitioner was nominated as an accused. The accused Gurmeet Singh @ Jiddi was arrested on 23.04.2026. He manage escape from custody but was again arrested on 27.04.2026. On his further disclosure, 02 more persons were nominated as additional accused. He also disclosed that the motorbike used in the occurrence was in possession of the petitioner. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of Learned Sessions Judge, Gurdaspur vide order dated 20.05.2026. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The disclosure statement suffered by the co accused cannot be considered to be legally admissible in evidence against him. He was not the assailant. No specific overt act has been attributed to him. On the asking of the co-accused to do some labour work with him, when a dispute had taken place between the co ondition, who in the presence of his cousin Lovejit disclosed that the accused Gurmeet Singh @ Jiddi accompanied by an unknown person had stabbed him and had entered into a scuffle with him and then the accused Gurmeet Singh @ Jiddi had struck a blow with a kirch/knife on the left side of his ribs. Sometime, thereafter, his father succumbed to the injuries After registration of FIR, investigation proceedings were initiated. nt on 15.01.2026, alleging that it was the petitioner who was the pillion rider on the motorbike driven by accused Gurmeet Singh @ Jiddi. The petitioner was nominated as an accused. The accused Gurmeet Singh @ Jiddi was arrested on 23.04.2026. He managed to escape from custody but was again arrested on 27.04.2026. On his further disclosure, 02 more persons were nominated as additional accused. He also disclosed that the motorbike used in the occurrence was in possession of the his arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of Learned Sessions Judge, Gurdaspur vide order dated 20.05.2026. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The disclosure statement suffered by the co- accused cannot be considered to be legally admissible in evidence against him. He was not the assailant. No specific overt act has been attributed to him. On accused to do some labour work in his house, he was going with him, when a dispute had taken place between the co-accused and the ondition, who in the presence of his cousin Lovejit disclosed that the accused Gurmeet Singh @ Jiddi accompanied by an unknown person had stabbed him and had entered into a scuffle with him and then the a kirch/knife on the left side of his ribs. Sometime, thereafter, his father succumbed to the injuries After registration of FIR, investigation proceedings were initiated. nt on 15.01.2026, alleging that it was the petitioner who was the pillion rider on the motorbike driven by accused Gurmeet Singh @ Jiddi. The petitioner was nominated as an accused. The d to escape from custody but was again arrested on 27.04.2026. On his further disclosure, 02 more persons were nominated as additional accused. He also disclosed that the motorbike used in the occurrence was in possession of the his arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of Learned It is argued by learned counsel for the petitioner that he has been - accused cannot be considered to be legally admissible in evidence against him. He was not the assailant. No specific overt act has been attributed to him. On in his house, he was going accused and the AMIT SHARMA 2026.07.08 09:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-36012- victim to the effect accused who had inflicted injurie join investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, therefore, argued that he deserves to be extended benefit of anticipatory bail. 5. Notice of 6. Learned State counsel has advance notice of the petition and is ready to argue the matter. It is submitted by her that there are serious and specific allegations against the petitioner. His presence at the spot of incident and complicity in t in the crime is to be recovered from him. His custodial interrogation is required for conducting proper and thorough investigation. There is no exceptional or extra-ordinary ground for grant of therefore, argued that the petition does not deserve to be allowed. 7. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 8. The petitioner and the co scuffle with the deceased and during the course of that scuffle a fatal injury had been inflicted on the person of the victim by the co his death. The homicidal act might not have been at however, his presence at the spot and complicity in the crime stands established. The allegations against him are serious in nature. The case is at its -2026 (O&M) 3 effect that their vehicles had hit against each other. It was the co accused who had inflicted injuries on the person of the victim. He is ready to join investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, therefore, argued that he deserves to be extended benefit of anticipatory bail. Notice of motion. Learned State counsel has advance notice of the petition and is ready to argue the matter. It is submitted by her that there are serious and specific allegations against the petitioner. His presence at the spot of incident and complicity in the crime stands prima facie established. The motorbike used in the crime is to be recovered from him. His custodial interrogation is required for conducting proper and thorough investigation. There is no exceptional or ordinary ground for grant of pre-arrest bail to the petitioner. It is, therefore, argued that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner and the co-accused are alleged to have entered into a scuffle with the deceased and during the course of that scuffle a fatal injury had been inflicted on the person of the victim by the co his death. The homicidal act might not have been at however, his presence at the spot and complicity in the crime stands The allegations against him are serious in nature. The case is at its that their vehicles had hit against each other. It was the co- s on the person of the victim. He is ready to join investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, therefore, argued that he deserves to be extended Learned State counsel has advance notice of the petition and is ready to argue the matter. It is submitted by her that there are serious and specific allegations against the petitioner. His presence at the spot of incident established. The motorbike used in the crime is to be recovered from him. His custodial interrogation is required for conducting proper and thorough investigation. There is no exceptional or arrest bail to the petitioner. It is, therefore, argued that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel used are alleged to have entered into a scuffle with the deceased and during the course of that scuffle a fatal injury had been inflicted on the person of the victim by the co-accused which resulted into his death. The homicidal act might not have been attributed to the petitioner, however, his presence at the spot and complicity in the crime stands prima facie The allegations against him are serious in nature. The case is at its - s on the person of the victim. He is ready to join investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, therefore, argued that he deserves to be extended Learned State counsel has advance notice of the petition and is ready to argue the matter. It is submitted by her that there are serious and specific allegations against the petitioner. His presence at the spot of incident established. The motorbike used in the crime is to be recovered from him. His custodial interrogation is required for conducting proper and thorough investigation. There is no exceptional or arrest bail to the petitioner. It is, This Court has heard the rival submissions made by learned counsel used are alleged to have entered into a scuffle with the deceased and during the course of that scuffle a fatal injury had accused which resulted into tributed to the petitioner, prima facie The allegations against him are serious in nature. The case is at its AMIT SHARMA 2026.07.08 09:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-36012- nascent stage. It is well settled that anticipatory bail to an granted in exceptional circumstances only as a person couched in comparative safety of pre-arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the Investigating Agency, that shall leave many glaring loopholes and gaps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal procedure of criminal cases law that the powers for grant of pre in extra-ordinary and exceptional circumstances and with great caution while taking into consideration the nature of th conviction 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 invest 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. 9. It is made clear tha the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 10. Since the main petition has been any, is rendered infructuous 07.07.2026 Amit Sharma -2026 (O&M) 4 nascent stage. It is well settled that anticipatory bail to an granted in exceptional circumstances only as a person couched in comparative arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the igating Agency, that shall leave many glaring loopholes and gaps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal procedure of criminal cases by the trial Court. It is well settled proposition of law that the powers for grant of pre-arrest bail are to be exercised by the Court 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 circumstance is, however, made out from the pleas as taken by the petitioner. For the purpose of conducting thorough and proper invest 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 only for 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 nascent stage. It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only as a person couched in comparative arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the igating Agency, that shall leave many glaring loopholes and gaps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal by the trial Court. It is well settled proposition of arrest bail are to be exercised by the Court ordinary and exceptional circumstances and with great caution while e 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 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. t 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 accused can be granted in exceptional circumstances only as a person couched in comparative arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the igating Agency, that shall leave many glaring loopholes and gaps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal by the trial Court. It is well settled proposition of arrest bail are to be exercised by the Court ordinary and exceptional circumstances and with great caution while e accusation and the sentence which the ordinary circumstance is, however, made out from the pleas as taken by the petitioner. igation custodial interrogation of the petitioner is must. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves t any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing , pending application, if AMIT SHARMA 2026.07.08 09:50 I attest to the accuracy and integrity of this order/judgment.