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High Court of Punjab and Haryana · body

2025 DAILYLAW 30712 (PNJ)

RANVIR SINGH v. STATE OF PUNJAB

CRM-M/11815/2025 · 2025-05-07

Manisha Batra

body2025

Judgment text

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CRM-M No.11815 of 2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 211 CRM-M No.11815 of 2025 Date of decision: 07.05.2025 Ranvir Singh ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Shubhashish Kukreti, Advocate, for the petitioner. Ms. Himani Arora, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 163 13.12.2024 City Samana, District Patiala 125 and 324 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) and 25 and 27 of Arms Act, 1959 2. Brief facts relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of statement recorded by the complainant Jass Kaur alleging therein that on 12.12.2024, she had parked her newly purchased scooty vehicle near downstairs of her house and had gone on the first floor where she was MANJU 2025.05.09 11:41 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.11815 of 2025 -2- residing as a tenant. At about 5 PM, the accused Harvinder Singh and Tari who were having shops in the lower portion of the same premises, had an altercation with each other and they started quarreling. On hearing noises, she went down stairs to check her vehicle. Within her sight, the above named Harvinder Singh and Tari called unknown persons who started throwing brickbats on each other. Her vehicle was damaged by them by throwing stones. Some of them also fired shots with a firearm in the air thereby scaring her. After registration of FIR, investigation proceedings have been initiated and are underway. During investigation, the petitioner was nominated as an accused. Apprehending his arrest, he moved an application for grant of pre arrest bail. He was directed to join the investigation by the Court of learned Additional Sessions Judge, Patiala but failed to join the same and accordingly, the said application was dismissed. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR. He is a young boy. No offence is made out against him. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. Accordingly, it is urged that the petition deserves to be allowed. 4. Status report has already been filed. Learned Assistant Advocate General, Punjab has argued that there are specific allegations against the petitioner who in furtherance of common intention with the MANJU 2025.05.09 11:41 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.11815 of 2025 -3- co-accused, had kept concealed one empty cartridge fallen out of 32 bore countrymade pistol used at the scene of the crime. He had aided the co- accused and put the lives of general public as well as the complainant at a risk. He has criminal antecedents. His custodial interrogation is required for conducting proper investigation. Accordingly, it is urged that the petition does not deserve to be allowed. 5. This Court has considered the rival submissions. 6. The petitioner along with the co-accused is alleged to have indulged in an altercation at a public place where the co-accused Gurlavleen Singh had opened a fire in the air. The allegations of endangering lives and personal safety of complainant or others had not been levelled against the petitioner and allegations against him are mainly that he had kept concealed one empty cartridge fallen out of a countrymade pistol used at the crime and had thereby helped the co- accused. No specific overt act has, however, been attributed to him. Given the nature of the allegations, the pre trial incarceration of the petitioner is not required. As such, without commenting on the merits of the case and in the circumstances peculiar to the case, the petitioner makes a case for release on pre arrest bail. Accordingly, the petition is allowed and the petitioner is ordered to be extended benefit of anticipatory bail, subject to his surrendering before the Investigating Officer/Arresting Officer within a period of ten days from the date of passing of this order and shall join investigation and on his surrender MANJU 2025.05.09 11:41 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.11815 of 2025 -4- within that period, he shall be released on bail by the Investigating Officer/Arresting Officer on furnishing personal/surety bonds to its satisfaction and subject to the following conditions:- (i) the petitioner shall cooperate with the investigation and shall appear before the Investigating officer/Arresting officer as and when required. (ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any Police Officer. (iii) He shall not commit any similar offence while on bail. (iv) He shall not leave the country without prior permission of the Court. 7. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law. 8. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 07.05.2025 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2025.05.09 11:41 I attest to the accuracy and authenticity of this order /judgment Chandigarh