CRM-M-7416-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7416-2025 Reserved on: 18.03.2025 Pronounced on: 28.03.2025 Kartar Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. A.S. Grewal, Advocate for the petitioner. Mr. Sukhdev Singh, A.A.G., Punjab. Mr. A.P.S. Khadial, Advocate for the complainant. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 182 29.12.2024 Nehianwala, District Bathinda 331(6), 115(2), 191(3), 190 of BNS 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from translated version of FIR, which reads as follows: “FIR NO 182 dated 29.12.2024 US 331(6), 115(2), 191(3),190 of BNS PS. Nehianwala District Bathinda registered on the basis of statement of Jaspal Singh s/o Ajmer Singh mear bhai bhagtu gurdwara sahib Nehianwala aged about 35 years phm no. 95920-71880 stated that I resident of the above said address and I do the work of corporate On 12.10.2024 my family was present at home time was around 10 p.m that Sandeep Singh, Sonu so Gurbaksh Singh. Sukhdev Singh s/o mohar Singh, Jaspreet Singh, Harpreet Singh so binder Singh. Binder Singh s/o jagga singh, Chana Singh s/o Jarnail Singh, Kartar Singh s/o Najar Singh Labhi Singh So unknown, Harnam Singh, Sukhdev Singh s/o Mehar Singh were bursting crackers in 1 Jyoti Sharma 2025.04.02 10:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-7416-2025 the street, when we stopped them from bursting crackers because our cows get scared then they started threatening us then went inside our house and locked our house, they entered our house from the roof of another person and Sandeep had iron kapa, Jaspreet Singh had kahi, Binder Singh had gandasa sonu had rod in his hand the abovesaid persons attacked on the dish, shed, and stairs and then they entered our house and started beating us, when my sister in law Rajwinder kaur tried to stop them then they started beating her, when raised hue and cry marta marta they the people passing by gathered around they left the house with there respective weapons and destroyed the main gate and then my wife arranged for a vehicle and took me to civil hospital Bathinda where our treatment was done where we got discharged on 17.10.2024 told the truth today got recorded my statement which correct, Sd/-.” 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. The State’s counsel opposes bail and refers to the status report. 6. It would be appropriate to refer to the following portions of the status report, which read as follows: “A .The role of the petitioner The accused/petitioner KartarSingh being part of the unlawful assembly, played active role in the occurrence as he along with other accused persons inflicted injuries after criminal trespassing into the house of complainant Jaspal Singh. B. The evidence against the petitioner. The complainant Jaspal Singh had categorically stated against the accused/petitioner Kartar Singh and named him in his statement. Furthermore, the investigating officer had also prima facie found the involvement of accused/petitioner Kartar Singh in the occurrence duly based on the identification of complainant and video footage produced by him.” REASONING: 7. Although the petitioner has been named in FIR as one of the person, but this Court is considering the main fact that petitioner is a first offender and this Court wants to give the petitioner one chance to course correct and live like a decent citizen. 8. Pre-trial incarceration should not be a replica of post-conviction sentencing. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre- trial incarceration. 9. Given the above, the penal provisions invoked coupled with the primafacie 2 Jyoti Sharma 2025.04.02 10:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-7416-2025 analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage. 10. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 12. This order is subject to the petitioner’s complying with the following terms. 13. The petitioner is directed to join the investigation within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 14. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 3 Jyoti Sharma 2025.04.02 10:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-7416-2025 15. This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State shall file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 18. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.03.2025 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable: No. 4 Jyoti Sharma 2025.04.02 10:24 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh