CRM-M-49672 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (108) HARJEET SINGH STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ms. Ruchika Sabherwal, Senior DAG, Punjab Mr. Kushdeep S. Brar, **** MANISHA BATRA, J. (ORAL) 1. The 482 of Bharatiya grant of anticipatory registered under Sections 126(2), 118(1), 115(2), 351(2), 3(5) Nyaya Sanhita, 2023 (for short “ added later on) 2. The statement recorded by the complainant Chi 29th July 2026, he alon towards his village on a motorbike. When they had village, suddenly a car came from the opposite side and stopped their vehicle. The accused Fale 49672-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision HARJEET SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Deepinder Brar, Advocate for the petitioner Ms. Ruchika Sabherwal, Senior DAG, Punjab Mr. Kushdeep S. Brar, Advocate for the complainant **** MANISHA BATRA, J. (ORAL) The instant petition has been filed by the petitioner under Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ anticipatory bail in case arising out of FIR No registered under Sections 126(2), 118(1), 115(2), 351(2), 3(5) Nyaya Sanhita, 2023 (for short “BNS”) (Sections 117(2) and 118(2) of BNS added later on) at Police Station Nehianwala, District Bathinda. The aforementioned FIR has been registered on the basis of a recorded by the complainant Chiman Singh, alleging therein that on 29th July 2026, he along with his cousin brother Manji towards his village on a motorbike. When they had village, suddenly a car came from the opposite side and stopped their vehicle. Falel Singh, who is the father of the present petitioner, came out IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49672-2026 (O&M) Date of decision : 03.09.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner Ms. Ruchika Sabherwal, Senior DAG, Punjab Advocate for the complainant filed by the petitioner under Section Sanhita, 2023 (for short “BNSS”) for bail in case arising out of FIR No.225 dated 31.07.2026 registered under Sections 126(2), 118(1), 115(2), 351(2), 3(5) of Bharatiya (Sections 117(2) and 118(2) of BNS Nehianwala, District Bathinda. has been registered on the basis of a man Singh, alleging therein that on g with his cousin brother Manjit Singh was going towards his village on a motorbike. When they had reached near Amargarh village, suddenly a car came from the opposite side and stopped their vehicle. l Singh, who is the father of the present petitioner, came out Section for 225 dated 31.07.2026 Bharatiya (Sections 117(2) and 118(2) of BNS has been registered on the basis of a man Singh, alleging therein that on t Singh was going reached near Amargarh village, suddenly a car came from the opposite side and stopped their vehicle. l Singh, who is the father of the present petitioner, came out AMIT SHARMA 2026.09.04 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-49672 of the car while carrying a sword, Both of them were accompanied by two more persons, unknown to the complainant. the complainant, and then the present petitioner opened an assault upon him by striking a blow with his baseball save himself by raising his left hand fallen down. Then accused sword, and he was also assaulted by the unknown persons cousin brother also sustained injury on his head. On clamour being raised, the assailants fled from the spot. 3. After registration of the FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, th moved an application for grant of anticipatory bail, which has been dismissed by the court of learned Additional Sessions Judge, Bathinda vide order dated 25th of August 2026. 4. It is argued by learned counsel for the petitioner that he has falsely implicated in this case due to personal rivalry. In fact, at the particular point when the occurrence is alleged to have been committed, he was present at village Gilli Mandi, and as such, the question of his being present at the place of occurrence did not arise at all. Learned counsel for the petitioner has drawn the attention of this Court to the 49672-2026 (O&M) 2 the car while carrying a sword, the petitioner was holding a baseball bat Both of them were accompanied by two more persons, unknown to the Accused Falel Singh made an exhortation to teach a lesson to the complainant, and then the present petitioner opened an assault upon him by striking a blow with his baseball bat on his head. The complainant tried to save himself by raising his left hand and his left wrist was injured fallen down. Then accused Falel Singh caused injuries on his person with his sword, and he was also assaulted by the unknown persons cousin brother also sustained injury on his head. On clamour being raised, the assailants fled from the spot. After registration of the FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, th moved an application for grant of anticipatory bail, which has been dismissed by the court of learned Additional Sessions Judge, Bathinda vide order dated 25th of August 2026. It is argued by learned counsel for the petitioner that he has falsely implicated in this case due to personal rivalry. In fact, at the particular point when the occurrence is alleged to have been committed, he was present at village Gilli Patti and then had gone to a barber saloon at village Goniana as such, the question of his being present at the place of occurrence did not arise at all. Learned counsel for the petitioner has drawn the attention of this Court to the video recording contained in the pen drive the petitioner was holding a baseball bat. Both of them were accompanied by two more persons, unknown to the Singh made an exhortation to teach a lesson to the complainant, and then the present petitioner opened an assault upon him bat on his head. The complainant tried to and his left wrist was injured and he had lel Singh caused injuries on his person with his sword, and he was also assaulted by the unknown persons present there. His cousin brother also sustained injury on his head. On clamour being raised, the After registration of the FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail, which has been dismissed by the court of learned Additional Sessions Judge, Bathinda vide order dated It is argued by learned counsel for the petitioner that he has been falsely implicated in this case due to personal rivalry. In fact, at the particular point when the occurrence is alleged to have been committed, he was present and then had gone to a barber saloon at village Goniana as such, the question of his being present at the place of occurrence did not arise at all. Learned counsel for the petitioner has drawn recording contained in the pen drive . Both of them were accompanied by two more persons, unknown to the Singh made an exhortation to teach a lesson to the complainant, and then the present petitioner opened an assault upon him bat on his head. The complainant tried to and he had lel Singh caused injuries on his person with his present there. His cousin brother also sustained injury on his head. On clamour being raised, the After registration of the FIR, investigation proceedings have e petitioner moved an application for grant of anticipatory bail, which has been dismissed by the court of learned Additional Sessions Judge, Bathinda vide order dated been falsely implicated in this case due to personal rivalry. In fact, at the particular point when the occurrence is alleged to have been committed, he was present and then had gone to a barber saloon at village Goniana as such, the question of his being present at the place of occurrence did not arise at all. Learned counsel for the petitioner has drawn recording contained in the pen drive AMIT SHARMA 2026.09.04 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-49672 annexed with the petition showing his pre 4:38 PM, whereas since as per the FIR, the occurrence had taken place at 4:30 PM. It is also argued by learned counsel for the petitioner that there is inordinate and unexplained delay in reporting the matter to the polic ready to join the investigation recovery is to be effected from him. It is deserves to be allowed. 5. Notice of motion. 6. Learned State counsel has accepted of appearance on behalf of the complainant has also been filed. counsel, assisted by learned counsel for the complainant, has argued that there are serious and specific allegations against the petitioner, who, al father and two unknown persons, had voluntarily caused simple as well as grievous injuries to the complainant and his cousin brother by assaulting them. The plea of his alibi has no force since the places which he is mentioning are at a distan The allegations show his active complicity in the crime, and 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. 49672-2026 (O&M) 3 annexed with the petition showing his presence at a hair 4:38 PM, whereas since as per the FIR, the occurrence had taken place at 4:30 It is also argued by learned counsel for the petitioner that there is inordinate and unexplained delay in reporting the matter to the polic ready to join the investigation. His custodial interrogation is not required recovery is to be effected from him. It is, deserves to be allowed. Notice of motion. Learned State counsel has accepted of appearance on behalf of the complainant has also been filed. counsel, assisted by learned counsel for the complainant, has argued that there are serious and specific allegations against the petitioner, who, al father and two unknown persons, had voluntarily caused simple as well as grievous injuries to the complainant and his cousin brother by assaulting them. The plea of his alibi has no force since the places which he is mentioning are at a distance of hardly 1/1.5 km from the place of occurrence. The allegations show his active complicity in the crime, and therefore argued that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned el for the parties at considerable length. sence at a hair-cutting saloon at 4:38 PM, whereas since as per the FIR, the occurrence had taken place at 4:30 It is also argued by learned counsel for the petitioner that there is inordinate and unexplained delay in reporting the matter to the police. He is custodial interrogation is not required. No thus, argued that the petition Learned State counsel has accepted notice of the petition. Memo of appearance on behalf of the complainant has also been filed. Learned State counsel, assisted by learned counsel for the complainant, has argued that there are serious and specific allegations against the petitioner, who, along with his father and two unknown persons, had voluntarily caused simple as well as grievous injuries to the complainant and his cousin brother by assaulting them. The plea of his alibi has no force since the places which he is ce of hardly 1/1.5 km from the place of occurrence. The allegations show his active complicity in the crime, and therefore, it is argued that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned cutting saloon at 4:38 PM, whereas since as per the FIR, the occurrence had taken place at 4:30 It is also argued by learned counsel for the petitioner that there is e. He is No argued that the petition notice of the petition. Memo Learned State counsel, assisted by learned counsel for the complainant, has argued that there ong with his father and two unknown persons, had voluntarily caused simple as well as grievous injuries to the complainant and his cousin brother by assaulting them. The plea of his alibi has no force since the places which he is ce of hardly 1/1.5 km from the place of occurrence. it is This Court has heard the rival submissions made by learned AMIT SHARMA 2026.09.04 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-49672 8. The petitioner along with the co assaulted the complainant and his cousin brother, thereby causing simple as well as grievous injuries. The injury that has been attributed to the pe has also been opined to be grievous in nature. In the same occurrence, the complainant sustained multiple fractures. petitioner on the basis of a video recording, cannot be accepted at this stage, and the veracity thereof has to be tested during trial. Taking into consideration the gravity of the allegations as leveled against the petitioner, this Court is of the considered opinion that his custodial interrogation is required for the purpose of conducting a thoro stage. It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only as a person couched in comparative safety of pre-arrest bail would certainly not disclose all the 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 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 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 o 49672-2026 (O&M) 4 The petitioner along with the co assaulted the complainant and his cousin brother, thereby causing simple as well as grievous injuries. The injury that has been attributed to the pe has also been opined to be grievous in nature. In the same occurrence, the complainant sustained multiple fractures. The plea of alibi, as taken by the petitioner on the basis of a video recording, cannot be accepted at this stage, ty thereof has to be tested during trial. Taking into consideration the gravity of the allegations as leveled against the petitioner, this Court is of the considered opinion that his custodial interrogation is required for the purpose of conducting a thorough investigation. stage. It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only as a person couched in comparative safety of arrest bail would certainly not disclose all the 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 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 in extra 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 The petitioner along with the co-accused is alleged to have assaulted the complainant and his cousin brother, thereby causing simple as well as grievous injuries. The injury that has been attributed to the petitioner has also been opined to be grievous in nature. In the same occurrence, the The plea of alibi, as taken by the petitioner on the basis of a video recording, cannot be accepted at this stage, ty thereof has to be tested during trial. Taking into consideration the gravity of the allegations as leveled against the petitioner, this Court is of the considered opinion that his custodial interrogation is required for the ugh investigation. The case is at its 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 safety of 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 by the trial Court. It is well settled proposition of law that the arrest bail are to be exercised by the Court in extra- 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- ut from the pleas as taken by the accused is alleged to have assaulted the complainant and his cousin brother, thereby causing simple as titioner has also been opined to be grievous in nature. In the same occurrence, the The plea of alibi, as taken by the petitioner on the basis of a video recording, cannot be accepted at this stage, ty thereof has to be tested during trial. Taking into consideration the gravity of the allegations as leveled against the petitioner, this Court is of the considered opinion that his custodial interrogation is required for the The case is at its 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 safety of 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 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 - and exceptional circumstances and with great caution while taking into consideration the nature of the accusation and the sentence which the - ut from the pleas as taken by the AMIT SHARMA 2026.09.04 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-49672 petitioner. 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, however, clarified that not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. 10. Since the main petition has been if any, is rendered infructuous. 03.09.2026 Amit Sharma 49672-2026 (O&M) 5 petitioner. 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, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. Since the main petition has been any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Whether reportable:- Yes/No petitioner. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves to be dismissed. the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. dismissed, pending application, (MANISHA BATRA) JUDGE - Yes/No petitioner. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves to be dismissed. the observations made above shall not be construed as an expression of opinion of this Court on the merits of the pending application, AMIT SHARMA 2026.09.04 15:22 I attest to the accuracy and integrity of this order/judgment.