217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16488-2025 Date of decision: 25.04.2025 Gurditta Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Lupil Gupta, Advocate, Mr. Rahul, Advocate and Mr. Sandeep, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case bearing FIR No.02 dated 15.01.2025 (Annexure P-1) under Sections 109/115(2)/118(1)/190/191(3) of BNS, Sections 25/27 of Arms Act registered at Police Station Sangat, Bathinda (Annexure P-1). On 26.03.2025, the following order was passed:- ‘Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.02 dated 15.01.2025 under Sections 109, 115(2), 118(1), 190, 191(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act, 1959, registered at Police Station Sangat, District Bathinda. Learned counsel for the petitioner, inter alia, contends that the petitioner is not named in the FIR (supra), which has been registered after a delay of 01 day. Admittedly, the injury invoking Section 109 of BNS has been specifically attributed to co-accused Basant Singh @ Bantu. As per case set up by the prosecution, the petitioner is alleged to have given a simple injury. The petitioner is having clean antecedents and is not involved in any other case. Notice of motion for 25.04.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner isdirected to appear before Investigating Officer within a p eriod of two weeks from today and Neha 2025.04.29 16:54 I attest to the accuracy and integrity of this document CRM-M-16488-2025 -2- thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.’ Learned State counsel on instructions from ASI Karamvir Singh, at the very outset informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. In view of the statement of learned State counsel, order dated 26.03.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (earlier Section 438(2) Cr.P.C.). The petition stands disposed of. (HARPREET SINGH BRAR) JUDGE 25.04.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.04.29 16:54 I attest to the accuracy and integrity of this document