CRM CRM CRM CRM----M M M M----52091 52091 52091 52091---- 239 239 239 239 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Pargat Singh State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Nagarik Suraksha Sanhita, 2023 to the petitioner in case bearing offences punishable under Nyaya Sanhita, 2023 Mansa. 2. complainant, ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: Pargat Singh versus Punjab and another HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ravinder Singh, Advocate for Mr. Baljinder Singh Sra, Additional AG Punjab. Mr. Mohit Shukla, Advocate for respondent No.2/ complainant. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. , J. , J. , J. (ORAL) (ORAL) (ORAL) (ORAL) Present petition has been filed under Section Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS to the petitioner in case bearing FIR No.193 fences punishable under Sections 115(2), 118(1), 3(5) of the Nyaya Sanhita, 2023 (for short ‘BNS’), at Police Station The gravamen of the allegations against the complainant, namely, Kulwant Singh, had stated that 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----52091 52091 52091 52091----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: September 23 September 23 September 23 September 23, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondents HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Mr. Baljinder Singh Sra, Additional AG Punjab. , Advocate for respondent No.2/ complainant. Present petition has been filed under Section 483 of Bharatiya BNSS’) for grant of regular bail dated 08.12.2024, registered for s 115(2), 118(1), 3(5) of the Bharatiya at Police Station City-2, District the allegations against the petitioner is that the had stated that on 05.12.2024, he 1111 Petitioner s , Advocate for respondent No.2/ complainant. 483 of Bharatiya for grant of regular bail , registered for Bharatiya 2, District the he MAHAVIR SINGH 2025.09.23 16:27 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----52091 52091 52091 52091----2025 2025 2025 2025 sustained serious and grievous injuries on his head, forehead, legs, and arms, inflicted by the accused persons. According to the prosecution’s version, all the accused persons, including Laddi Singh and Sukhvir Singh along with two other unknown individuals, are alleged to have caused these injuries. Subsequently, the names of the present petitioner and another accused, namely, Harmail Singh, came to light in the supplementary statement recorded on 25.12.2024. 3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 08.03.2025. Learned counsel has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has argued that assuming arguendo, the prosecution version is taken to be correct, the role attributed to the petitioner is of giving injury on the arms/ legs of the injured with a wooden stick (daang). Learned counsel has also argued that offence under Section 109 of BNS is not made out against the petitioner in view of the factual milieu of the case in hand. Learned counsel has placed reliance upon an affidavit dated 18.08.2025 in this regard stated to be sworn in by Kulwant Singh (respondent No.2/ complainant) [copy whereof is appended as Annexure P-2 with the petition). Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, hence, he ought not to be extended concession of regular bail. Learned State counsel seeks to place on record the custody certificate dated 22.09.2025 in the Court today, which is taken on record. MAHAVIR SINGH 2025.09.23 16:27 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----52091 52091 52091 52091----2025 2025 2025 2025 4.1. Learned counsel for respondent No.2/ complainant has blocked the veracity of the aforesaid affidavit dated 18.08.2025 stated to be sworn in by respondent No.2/ complainant, namely, Kulwant Singh. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The petitioner was arrested on 08.06.2025 whereinafter the investigation was carried out and the challan has been presented on 29.08.2025. Out of total 21 prosecution witnesses cited, none has been examined till date. The rival contentions raised at Bar; including as to whether offence under Section 109 of BNS is made out against the petitioner and veracity/ weightage required to be attached to the aforesaid affidavit dated 18.08.2025 (Annexure P-2) stated to be sworn in by respondent No.2/ complainant, namely, Kulwant Singh; give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. As per custody certificate dated 22.09.2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 03 months and 13 days, & is not shown to be involved in any other FIR(s). Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. MAHAVIR SINGH 2025.09.23 16:27 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----52091 52091 52091 52091----2025 2025 2025 2025 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM /Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the CJM/ Duty Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/ Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. MAHAVIR SINGH 2025.09.23 16:27 I attest to the accuracy and authenticity of this order/ judgment 5555 CRM CRM CRM CRM----M M M M----52091 52091 52091 52091----2025 2025 2025 2025 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET SUMEET SUMEET SUMEET GOEL GOEL GOEL GOEL)))) JUDGE JUDGE JUDGE JUDGE September 23 September 23 September 23 September 23, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.09.23 16:27 I attest to the accuracy and authenticity of this order/ judgment