CRM-M-14342 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 258 Resham Singh State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Bharatiya Nagarik Suraksha Sanhita, 2023 anticipatory under Section Ajnala, District Amritsar (Rural). 2. Santokh Singh was sleeping in the verandah of his house along with his wife, whereas his child accused criminally trespassed into their house while being armed with weapons. Co others to catch hold of the complainant and his family me petitioner and co injuries to the complainant and his family members. The clamour raised by them attracted his children, who rushed towards them and then the assailants fled away from 14342-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Resham Singh Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Harmanpreet Singh, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) This petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 anticipatory bail in case bearing FIR No. under Sections 326, 452, 323, 506, 148 and 14 Ajnala, District Amritsar (Rural). As per the allegations, on the night of 21.09.2023, complainant Santokh Singh was sleeping in the verandah of his house along with his wife, whereas his children were sleeping in a room, when the petitioner and co accused criminally trespassed into their house while being armed with weapons. Co-accused Binder Kaur made an exhortation, thereby instigating others to catch hold of the complainant and his family me petitioner and co-accused opened an assault upon them, thereby causing injuries to the complainant and his family members. The clamour raised by them attracted his children, who rushed towards them and then the assailants fled away from the spot. The injured were rushed to the hospital. After IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14342-2025 (O&M) Date of decision: 05.04.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Harmanpreet Singh, Advocate Ms. Sakshi Bakshi, AAG, Punjab. This petition has been filed by the petitioner under Section 482 tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in case bearing FIR No. 207 dated 08.10.2023, registered 326, 452, 323, 506, 148 and 149 of IPC at Police Station As per the allegations, on the night of 21.09.2023, complainant Santokh Singh was sleeping in the verandah of his house along with his wife, ren were sleeping in a room, when the petitioner and co accused criminally trespassed into their house while being armed with accused Binder Kaur made an exhortation, thereby instigating others to catch hold of the complainant and his family members and then the accused opened an assault upon them, thereby causing injuries to the complainant and his family members. The clamour raised by them attracted his children, who rushed towards them and then the assailants the spot. The injured were rushed to the hospital. After -1- 2025 (O&M) 05.04.2025 ...Petitioner ...Respondent 482 of seeking , registered Police Station As per the allegations, on the night of 21.09.2023, complainant Santokh Singh was sleeping in the verandah of his house along with his wife, ren were sleeping in a room, when the petitioner and co- accused criminally trespassed into their house while being armed with accused Binder Kaur made an exhortation, thereby instigating mbers and then the accused opened an assault upon them, thereby causing injuries to the complainant and his family members. The clamour raised by them attracted his children, who rushed towards them and then the assailants the spot. The injured were rushed to the hospital. After MOHAMMAD WASEEM ANSARI 2025.04.07 10:25 I attest to the accuracy and integrity of this document CRM-M-14342 registration of the FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, grant of anticipatory bail before the Cou Judge, Amritsar 13.12.2023. 3. has been falsely implicated in this case. the matter to the police, which has not been satisfactorily exp complainant side and it raises a reasonable doubt that the story of the complainant is a concocted one. No recovery is to be effected from the petitioner. He served by detaining him into custody. effected between the parties and a petition for quashing of the present FIR on the basis of the said compromise has b pending. While drawing attention of this Court towards Annexure P is a copy of the compromise deed stated to have been signed by the members of the complainant party as well as the party of the petitioner, it the petition deserves to be allowed. 4. submitted therein and learned that there are serious and specific allegations against caused grievous injuries to the complainant by striking blows with a His custodial interrogation is must for conducting thorough investigating in the matter. No extraordinary or sparing circumstance has been made out for grant of anticipatory bail. dismissed. 14342-2025 (O&M) registration of the FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the Cou Amritsar but the same had been dismissed, vide order dated 13.12.2023. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. There is delay of 17 days in r the matter to the police, which has not been satisfactorily exp complainant side and it raises a reasonable doubt that the story of the complainant is a concocted one. No recovery is to be effected from the petitioner. He is ready to join the investigation. No useful purpose would be served by detaining him into custody. Even otherwise, a compromise has been effected between the parties and a petition for quashing of the present FIR on the basis of the said compromise has been filed before this Court, which is pending. While drawing attention of this Court towards Annexure P is a copy of the compromise deed stated to have been signed by the members of the complainant party as well as the party of the petitioner, it the petition deserves to be allowed. Status report has been filed by the respondent submitted therein and learned Assistant Advocate General, that there are serious and specific allegations against caused grievous injuries to the complainant by striking blows with a His custodial interrogation is must for conducting thorough investigating in the matter. No extraordinary or sparing circumstance has been made out for t of anticipatory bail. It is, thus, urged dismissed. registration of the FIR, investigation proceedings have been initiated and are the petitioner had filed an application for grant of anticipatory bail before the Court of learned Additional Sessions but the same had been dismissed, vide order dated Learned counsel for the petitioner has argued that the petitioner There is delay of 17 days in reporting the matter to the police, which has not been satisfactorily explained by the complainant side and it raises a reasonable doubt that the story of the complainant is a concocted one. No recovery is to be effected from the is ready to join the investigation. No useful purpose would be Even otherwise, a compromise has been effected between the parties and a petition for quashing of the present FIR on een filed before this Court, which is pending. While drawing attention of this Court towards Annexure P-2, which is a copy of the compromise deed stated to have been signed by the members of the complainant party as well as the party of the petitioner, it is urged been filed by the respondent-State. It is Assistant Advocate General, Punjab has argued that there are serious and specific allegations against the petitioner, who had caused grievous injuries to the complainant by striking blows with a datar His custodial interrogation is must for conducting thorough investigating in the matter. No extraordinary or sparing circumstance has been made out for urged that the petition is liable to be -2- registration of the FIR, investigation proceedings have been initiated and are the petitioner had filed an application for rt of learned Additional Sessions but the same had been dismissed, vide order dated Learned counsel for the petitioner has argued that the petitioner eporting lained by the complainant side and it raises a reasonable doubt that the story of the complainant is a concocted one. No recovery is to be effected from the is ready to join the investigation. No useful purpose would be Even otherwise, a compromise has been effected between the parties and a petition for quashing of the present FIR on een filed before this Court, which is 2, which is a copy of the compromise deed stated to have been signed by the members that State. It is Punjab has argued the petitioner, who had datar. His custodial interrogation is must for conducting thorough investigating in the matter. No extraordinary or sparing circumstance has been made out for that the petition is liable to be MOHAMMAD WASEEM ANSARI 2025.04.07 10:25 I attest to the accuracy and integrity of this document CRM-M-14342 5. have also perused the material placed on record. 6. unlawful assembly with the co of that unlawful assembly the complainant and his family members and is alleged to have caused injuries to them. The co Though, at this stage, no relevance can be given to the contention that a compromise has arrived at between the parties, however, keeping in view the nature of the allegations as levelled against t facts and circumstances of the case, custodial interrogation of the petitioner is not required. Accordingly, the present petition is allowed. anticipatory bail, subject to the compliance of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join investigation within days from today of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to his/her satisfaction. 7. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 05.04.2025 Waseem Ansari Whether speaking/r Whether reportable 14342-2025 (O&M) I have learned counsel for the parties at considerable length and have also perused the material placed on record. The petitioner is alleged to have formed memb unlawful assembly with the co-accused and in prosecution of common object of that unlawful assembly, is further alleged to have opened an assault upon the complainant and his family members and is alleged to have caused injuries The complainant had sustained a grievous injury in the incident. Though, at this stage, no relevance can be given to the contention that a compromise has arrived at between the parties, however, keeping in view the nature of the allegations as levelled against t facts and circumstances of the case, I am of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the present petition is allowed. The petitioner is granted concession of ticipatory bail, subject to the compliance of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join investigation within days from today or as and when subsequently re of his arrest, the Investigating/Arresting Officer shall release the petitioner on bail subject to his/her satisfaction. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 05.04.2025 Whether speaking/reasoned Whether reportable I have learned counsel for the parties at considerable length and have also perused the material placed on record. is alleged to have formed membership of an accused and in prosecution of common object is further alleged to have opened an assault upon the complainant and his family members and is alleged to have caused injuries mplainant had sustained a grievous injury in the incident. Though, at this stage, no relevance can be given to the contention that a compromise has arrived at between the parties, however, keeping in view the nature of the allegations as levelled against the petitioner and the attendant I am of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the The petitioner is granted concession of ticipatory bail, subject to the compliance of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the Investigating/Arresting Officer to join investigation within a period of ten or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) JUDGE Yes/No Yes/No -3- I have learned counsel for the parties at considerable length and ership of an accused and in prosecution of common object is further alleged to have opened an assault upon the complainant and his family members and is alleged to have caused injuries mplainant had sustained a grievous injury in the incident. Though, at this stage, no relevance can be given to the contention that a compromise has arrived at between the parties, however, keeping in view the he petitioner and the attendant I am of the considered opinion that the custodial interrogation of the petitioner is not required. Accordingly, the The petitioner is granted concession of ticipatory bail, subject to the compliance of conditions envisaged under Section 482(2) of BNSS. He is directed to appear before the a period of ten quired thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.04.07 10:25 I attest to the accuracy and integrity of this document