CRM-M-31948- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (209) GURDEEP SINGH STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ms. Sakshi Bakshi, AAG, Punjab Mr. Ramesh Sharma, Advocate for the complainant **** MANISHA BATRA, J. 1. The Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of anticipatory registered under Sections 109, 333, 324(4), 191(2), 190 of Sanhita, 2023 (for short “BNS”) Lohian, District Jalandhar. 2. The aforementioned FIR was registered on the basis o recorded by complainant Paramjit Kaur, alleging therein that on 11.04.2026, she alongwith her nephew Harjinder Singh, his wife Saroj and grandson Sahil was returning to their home. When they were about to reach their house, one tractor trolley driven by Sukhwinder Singh @ Banga came in front of their car. Her nephew Harjinder Singh, who was driving the car gave many horns to overtake -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GURDEEP SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Charanpreet Singh, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab Mr. Ramesh Sharma, Advocate for the complainant **** 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 109, 333, 324(4), 191(2), 190 of Sanhita, 2023 (for short “BNS”) and Section 25 of Arms Act at Police Station Lohian, District Jalandhar. The aforementioned FIR was registered on the basis o recorded by complainant Paramjit Kaur, alleging therein that on 11.04.2026, she alongwith her nephew Harjinder Singh, his wife Saroj and grandson Sahil was returning to their home. When they were about to reach their house, one tractor driven by Sukhwinder Singh @ Banga came in front of their car. Her nephew Harjinder Singh, who was driving the car gave many horns to overtake IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31948-2026 (O&M) Date of decision : 09.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner Mr. Ramesh Sharma, Advocate for the complainant preferred by the petitioner under of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in case arising out of FIR No.49 dated 11.04.2026 registered under Sections 109, 333, 324(4), 191(2), 190 of Bharatiya Nyaya and Section 25 of Arms Act at Police Station The aforementioned FIR was registered on the basis of statement recorded by complainant Paramjit Kaur, alleging therein that on 11.04.2026, she alongwith her nephew Harjinder Singh, his wife Saroj and grandson Sahil was returning to their home. When they were about to reach their house, one tractor driven by Sukhwinder Singh @ Banga came in front of their car. Her nephew Harjinder Singh, who was driving the car gave many horns to overtake (O&M) 2026 under of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) 49 dated 11.04.2026 Bharatiya Nyaya and Section 25 of Arms Act at Police Station f statement recorded by complainant Paramjit Kaur, alleging therein that on 11.04.2026, she alongwith her nephew Harjinder Singh, his wife Saroj and grandson Sahil was returning to their home. When they were about to reach their house, one tractor driven by Sukhwinder Singh @ Banga came in front of their car. Her nephew Harjinder Singh, who was driving the car gave many horns to overtake AMIT SHARMA 2026.07.10 15:41 I attest to the accuracy and integrity of this order/judgment. CRM-M-31948- the tractor trolley, but Sukhwinder Singh did not allow them to pass. After overtaking tractor trolley, her n Singh that why he did not give us side, he caught hold of her nephew and thereafter they went to their house. After reaching their house, Sukhwinder Singh, Akashdeep Singh @ Labbi, Gagandeep Singh, Gurdeep Singh present petitioner and some other co assaulting them. Manpreet Singh @ Gagan gave blow with iron rod on her left hand and on left side ribs. Her sister her and Akashdeep Singh @ Labbi gave blow with iron rod on right side of her head. Thereafter, all of them entered their house and vandalized grocery shop, damaged the CCTV cameras installed in the premises and pelted stones/brickbats at their house. When her nephew in-law Balkar Singh tried to save them, the assailants started beating them and in the meanwhile Anmol Singh took out a pistol and fired at them with an intention to kill them. On clamour being raised, all the assailants fled a By alleging that they prayed for taking action in the matter 3. After registration of FIR, investigation proceedings were initiated and are underway. Apprehending his arrest, the for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Jalandhar vide order dated 21.05.2026. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. No specific overt act has been attributed to him. -2026 (O&M) 2 the tractor trolley, but Sukhwinder Singh did not allow them to pass. After overtaking tractor trolley, her nephew stopped the car and asked Sukhwinder Singh that why he did not give us side, he caught hold of her nephew and thereafter they went to their house. After reaching their house, Sukhwinder Singh, Akashdeep Singh @ Labbi, Gagandeep Singh, Gurdeep Singh present petitioner and some other co-accused reached their house and started assaulting them. Manpreet Singh @ Gagan gave blow with iron rod on her left hand and on left side ribs. Her sister-in-law Charan Kaur came forward to save deep Singh @ Labbi gave blow with iron rod on right side of her head. Thereafter, all of them entered their house and vandalized grocery shop, damaged the CCTV cameras installed in the premises and pelted stones/brickbats at their house. When her nephew law Balkar Singh tried to save them, the assailants started beating them and in the meanwhile Anmol Singh took out a pistol and fired at them with an intention to kill them. On clamour being raised, all the assailants fled a By alleging that they had sustained injuries at the hands of the culprits she prayed for taking action in the matter. After registration of FIR, investigation proceedings were initiated and are underway. Apprehending his arrest, the for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Jalandhar vide order dated 21.05.2026. It is argued by learned counsel for the petitioner that he has been ly implicated in this case. No specific overt act has been attributed to him. the tractor trolley, but Sukhwinder Singh did not allow them to pass. After ephew stopped the car and asked Sukhwinder Singh that why he did not give us side, he caught hold of her nephew and thereafter they went to their house. After reaching their house, Sukhwinder Singh, Akashdeep Singh @ Labbi, Gagandeep Singh, Gurdeep Singh i.e. the accused reached their house and started assaulting them. Manpreet Singh @ Gagan gave blow with iron rod on her left law Charan Kaur came forward to save deep Singh @ Labbi gave blow with iron rod on right side of her head. Thereafter, all of them entered their house and vandalized grocery shop, damaged the CCTV cameras installed in the premises and pelted stones/brickbats at their house. When her nephew Harjinder Singh and brother- law Balkar Singh tried to save them, the assailants started beating them and in the meanwhile Anmol Singh took out a pistol and fired at them with an intention to kill them. On clamour being raised, all the assailants fled away from the spot. had sustained injuries at the hands of the culprits she After registration of FIR, investigation proceedings were initiated petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Jalandhar vide order dated 21.05.2026. It is argued by learned counsel for the petitioner that he has been ly implicated in this case. No specific overt act has been attributed to him. the tractor trolley, but Sukhwinder Singh did not allow them to pass. After ephew stopped the car and asked Sukhwinder Singh that why he did not give us side, he caught hold of her nephew and thereafter they went to their house. After reaching their house, Sukhwinder i.e. the accused reached their house and started assaulting them. Manpreet Singh @ Gagan gave blow with iron rod on her left law Charan Kaur came forward to save deep Singh @ Labbi gave blow with iron rod on right side of her head. Thereafter, all of them entered their house and vandalized grocery shop, damaged the CCTV cameras installed in the premises and pelted - law Balkar Singh tried to save them, the assailants started beating them and in the meanwhile Anmol Singh took out a pistol and fired at them with an intention had sustained injuries at the hands of the culprits she After registration of FIR, investigation proceedings were initiated 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 ly implicated in this case. No specific overt act has been attributed to him. AMIT SHARMA 2026.07.10 15:41 I attest to the accuracy and integrity of this order/judgment. CRM-M-31948- In fact on 10.04.2026 the members of the complainant party entered the house of sister-in-law of the petitioner and had caused injuries to her. She was medico legally examined members of the complainant party were the aggressors. The cross petitioner was not recorded by the police in connivance with the members of the complainant party and a cross only on 14.04.2026. The co bail. The ingredients for commission of offence punishable under Section 109 of BNS are not at all attracted in this case as no injury s had been opined to be dangerous to life. 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 the petition deserves to be allowed. 5. Per contra, learned State counsel while relying upon the status report has argued that the allegations against the petitioner are serious in nature. The petitioner by forming a membership of an unlawful assembly with the co accused entered into the ho shop damaged the CCTV camera installed therein and had caused injuries to her. The complainant had sustained 02 injuries whereas injured Charan Kaur had also sustained one injury. Custodial interrogation for proper investigation in the matter. It is, therefore, argued that the petition does not deserve to be allowed. 6. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. -2026 (O&M) 3 In fact on 10.04.2026 the members of the complainant party entered the house of law of the petitioner and had caused injuries to her. She was medico legally examined. By concocting a false story, this FIR was registered. The members of the complainant party were the aggressors. The cross petitioner was not recorded by the police in connivance with the members of the complainant party and a cross-case in the form of GD No.126 was registered only on 14.04.2026. The co-accused has been extended benefit of anticipatory bail. The ingredients for commission of offence punishable under Section 109 of BNS are not at all attracted in this case as no injury s had been opined to be dangerous to life. 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 the petition deserves to be allowed. Per contra, learned State counsel while relying upon the status report has argued that the allegations against the petitioner are serious in nature. The petitioner by forming a membership of an unlawful assembly with the co accused entered into the house of the complainant and vandalized her grocery shop damaged the CCTV camera installed therein and had caused injuries to her. The complainant had sustained 02 injuries whereas injured Charan Kaur had also sustained one injury. Custodial interrogation for proper investigation in the matter. 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. In fact on 10.04.2026 the members of the complainant party entered the house of law of the petitioner and had caused injuries to her. She was medico- . By concocting a false story, this FIR was registered. The members of the complainant party were the aggressors. The cross-version of the petitioner was not recorded by the police in connivance with the members of the in the form of GD No.126 was registered accused has been extended benefit of anticipatory bail. The ingredients for commission of offence punishable under Section 109 of BNS are not at all attracted in this case as no injury sustained by the injured had been opined to be dangerous to life. 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 the petition deserves to be allowed. Per contra, learned State counsel while relying upon the status report has argued that the allegations against the petitioner are serious in nature. The petitioner by forming a membership of an unlawful assembly with the co- use of the complainant and vandalized her grocery shop damaged the CCTV camera installed therein and had caused injuries to her. The complainant had sustained 02 injuries whereas injured Charan Kaur had also sustained one injury. Custodial interrogation of the petitioner is required for proper investigation in the matter. It is, therefore, argued that the petition This Court has heard the rival submissions made by learned counsel In fact on 10.04.2026 the members of the complainant party entered the house of - . By concocting a false story, this FIR was registered. The version of the petitioner was not recorded by the police in connivance with the members of the in the form of GD No.126 was registered accused has been extended benefit of anticipatory bail. The ingredients for commission of offence punishable under Section 109 ustained by the injured had been opined to be dangerous to life. He is ready to join investigation. His custodial interrogation is not required. No recovery is to be effected from him. Per contra, learned State counsel while relying upon the status report has argued that the allegations against the petitioner are serious in nature. - use of the complainant and vandalized her grocery shop damaged the CCTV camera installed therein and had caused injuries to her. The complainant had sustained 02 injuries whereas injured Charan Kaur had of the petitioner is required for proper investigation in the matter. It is, therefore, argued that the petition This Court has heard the rival submissions made by learned counsel AMIT SHARMA 2026.07.10 15:41 I attest to the accuracy and integrity of this order/judgment. CRM-M-31948- 7. The petitioner is alleged to have formed membership of an unlawful assembly with the co thereof, injuries were caused to the complainant and one Charan Kaur. However neither of these injuries has been opine No specific overt act has been attributed to him. It is a case of version and cross-version. A cross case has been registered and it is only on thorough assessment of the evidence to be produced during trial conclusion about the fact as to who was the aggressor party has to be drawn. Given the nature of the allegations as levelled against the petitioner and the circumstances peculiar to this case, this Court is of the considered opinion that the petitioner has made out a case for grant of pre petition is allowed and t the condition that the petitioner shall surrender before the Investigating Officer/Arresting Officer within a period of 10 days from today and shall join the investigation. He shall also join investigation as and when required subsequently. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on interim his/her satisfaction. (i) appear before the Investigating officer/Arresting officer as and when required (ii) inducement, threat or promise to any person acquainted with the -2026 (O&M) 4 The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common object thereof, injuries were caused to the complainant and one Charan Kaur. However neither of these injuries has been opined to be serious in nature or danger to life. No specific overt act has been attributed to him. It is a case of version and version. A cross case has been registered and it is only on thorough assessment of the evidence to be produced during trial conclusion about the fact as to who was the aggressor party has to be drawn. Given the nature of the allegations as levelled against the petitioner and the circumstances peculiar to this case, this Court is of the considered opinion that the petitioner has made out a case for grant of pre petition is allowed and the petitioner is ordered to be released on bail the condition that the petitioner shall surrender before the Investigating ting Officer within a period of 10 days from today and shall join the investigation. He shall also join investigation as and when required subsequently. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on interim bail on furnishing personal/surety bonds to his/her satisfaction. He shall also follow these conditions: The petitioner shall cooperate with the investigation and shall appear before the Investigating officer/Arresting officer as and when required during the course of investigation. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the The petitioner is alleged to have formed membership of an accused and in prosecution of common object thereof, injuries were caused to the complainant and one Charan Kaur. However d to be serious in nature or danger to life. No specific overt act has been attributed to him. It is a case of version and version. A cross case has been registered and it is only on thorough assessment of the evidence to be produced during trial that any definite conclusion about the fact as to who was the aggressor party has to be drawn. Given the nature of the allegations as levelled against the petitioner and the circumstances peculiar to this case, this Court is of the considered opinion that the petitioner has made out a case for grant of pre-arrest bail. Accordingly, the he petitioner is ordered to be released on bail subject to the condition that the petitioner shall surrender before the Investigating ting Officer within a period of 10 days from today and shall join the investigation. He shall also join investigation as and when required subsequently. In the event of his arrest, the Investigating/Arresting Officer shall bail on furnishing personal/surety bonds to conditions:- The petitioner shall cooperate with the investigation and shall appear before the Investigating officer/Arresting officer as and during the course of investigation. shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the The petitioner is alleged to have formed membership of an accused and in prosecution of common object thereof, injuries were caused to the complainant and one Charan Kaur. However d to be serious in nature or danger to life. No specific overt act has been attributed to him. It is a case of version and version. A cross case has been registered and it is only on thorough that any definite conclusion about the fact as to who was the aggressor party has to be drawn. Given the nature of the allegations as levelled against the petitioner and the circumstances peculiar to this case, this Court is of the considered opinion that arrest bail. Accordingly, the subject to the condition that the petitioner shall surrender before the Investigating ting Officer within a period of 10 days from today and shall join the investigation. He shall also join investigation as and when required subsequently. In the event of his arrest, the Investigating/Arresting Officer shall bail on furnishing personal/surety bonds to The petitioner shall cooperate with the investigation and shall appear before the Investigating officer/Arresting officer as and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the AMIT SHARMA 2026.07.10 15:41 I attest to the accuracy and integrity of this order/judgment. CRM-M-31948- facts the Court or to any Po (iii) bail. (iv) permission of the Court. (iv) jurisdictional Magistrate/trial Court. 8. 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. 9. Since the main petition has been any, is rendered infructuous. 09.07.2026 Amit Sharma -2026 (O&M) 5 facts of the case so as to dissuade him the Court or to any Police Officer. (iii) The petitioner shall not commit any similar offence while on bail. (iv) The petitioner shall not leave the country without prior permission of the Court. (iv) The petitioner shall deposit h jurisdictional Magistrate/trial Court. 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 allowed any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No of the case so as to dissuade him from disclosing such facts to shall not commit any similar offence while on shall not leave the country without prior shall deposit his passport if any, with the jurisdictional Magistrate/trial Court. 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 allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No from disclosing such facts to shall not leave the country without prior passport if any, with the 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 , pending application, if AMIT SHARMA 2026.07.10 15:41 I attest to the accuracy and integrity of this order/judgment.