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2025 DAILYLAW 132001 (PNJ)

KASHMIR SINGH @ KASHMIRA SINGH v. STATE OF PUNJAB

CRM-M/66964/2025 · 2025-12-19

Rupinderjit Chahal

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Judgment text

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CRM-M-66964 IN THE HIGH COURT OF PUNJAB & HARYANA 218 KASHMIR SINGH @ KASHMIRA SINGH STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Mr. Harpreet Kaur, Advocate, for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in 323, 427, 148 and 149 IPC (Sections 326 and 32 No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, District Faridkot 2. On “ BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 and 149 IPC (Sections 326 and 325 IPC added later on) in FIR No.152 66964-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: KASHMIR SINGH @ KASHMIRA SINGH Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Rudresh, Advocate for Mr. Harpreet Kaur, Advocate, for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 and 149 IPC (Sections 326 and 32 No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, District Faridkot On 01.12.2025, following order was “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 and 149 IPC (Sections 326 and 325 IPC added later on) in FIR No.152 dated 21.08.2023 registered under Sections 458, 323, -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-66964-2025 Date of decision: 19.12.2025 KASHMIR SINGH @ KASHMIRA SINGH ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Amrit Pal Singh Gill, DAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 and 149 IPC (Sections 326 and 325 IPC added later on) in FIR No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, District Faridkot. was passed: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 and 149 IPC (Sections 326 and 325 IPC added later on) in FIR dated 21.08.2023 registered under Sections 458, 323, - Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner DDR No.31 dated 22.08.2023 under Sections 458, 5 IPC added later on) in FIR No.152 dated 21.08.2023 registered under Sections 458, 323, 427, 148 and Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in DDR No.31 dated 22.08.2023 under Sections 458, 323, 427, 148 and 149 IPC (Sections 326 and 325 IPC added later on) in FIR GURPREET 2025.12.22 18:35 I attest to the accuracy and authenticity of this document. CRM-M-66964 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, District Faridkot. petitioner along with other co complainant and his companions, due to some old enmity. petitioner has been falsely implicated in the present case and he has no concern with the said incident. She argues that in fact, it is a case the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioner and he is alleged to have raised only lalkara. She further argues that Section more than one and a half year only to make the offence graver. She further submits that the petitioner was not even present at the spot at the time of the occurrence. Further, co Resham Singh has anticipatory bail by a Co order dated 23.07.2025. Moreover, the petitioner has clean antecedents as he is not recovery is to be effected from him. submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Punjab, accepts notic time to file status report in the matter. investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be 66964-2025 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, District Faridkot. Brief facts as per the case of the prosecution are that the petitioner along with other co-accused caused injuries to complainant and his companions, due to some old enmity. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. She argues that in fact, it is a case of version and cross version. She further argues that if the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioner and he is alleged to have raised only lalkara. She further argues that Section 326 IPC was added by the prosecution after a gap of more than one and a half year only to make the offence graver. She further submits that the petitioner was not even present at the spot at the time of the occurrence. Further, co Resham Singh has already been granted the concession of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 23.07.2025. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent time to file status report in the matter. Adjourned to 19.12.2025. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be -2- 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, Brief facts as per the case of the prosecution are that the accused caused injuries to the complainant and his companions, due to some old enmity. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. She argues that in fact, it version. She further argues that if the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioner and he is alleged to have raised only lalkara. She further argues that 326 IPC was added by the prosecution after a gap of more than one and a half year only to make the offence graver. She further submits that the petitioner was not even present at the spot at the time of the occurrence. Further, co-accused already been granted the concession of ordinate Bench of this Court, vide order dated 23.07.2025. Moreover, the petitioner has clean involved in any other case and no recovery is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Ravinder Singh, DAG, e on behalf of respondent-State and seeks time to file status report in the matter. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be - 427, 148 and 149 of IPC, at Police Station Sadar Faridkot, Brief facts as per the case of the prosecution are that the the Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. She argues that in fact, it version. She further argues that if the contents of the FIR are taken to be true, even then no specific injury has been attributed to the present petitioner and he is alleged to have raised only lalkara. She further argues that 326 IPC was added by the prosecution after a gap of more than one and a half year only to make the offence graver. She further submits that the petitioner was not even present at accused already been granted the concession of ordinate Bench of this Court, vide order dated 23.07.2025. Moreover, the petitioner has clean involved in any other case and no Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Ravinder Singh, DAG, State and seeks In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with GURPREET 2025.12.22 18:35 I attest to the accuracy and authenticity of this document. CRM-M-66964 admitted to satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that the order dated investigation. 4. Learned counsel for the State, on instructions from ASI Sukhwinder investigation and is no longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated to join investigation, as and when called by the Investigat also abide by the conditions as provided under Section 482(2) of the BNSS. 19.12.2025 Gurpreet 66964-2025 admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that the order dated 01.12.2025 passed by this Court, the petitioner has joined the investigation. Learned counsel for the State, on instructions from ASI Singh, has submitted that the petitioner has joined the and is no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 01.12.2025 is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigat also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No -3- interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of this Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI , has submitted that the petitioner has joined the and is no longer required for further investigation. In view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No - interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section in compliance of this Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI , has submitted that the petitioner has joined the In view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall continue ing Officer and shall (RUPINDERJIT CHAHAL) GURPREET 2025.12.22 18:35 I attest to the accuracy and authenticity of this document.