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2025 DAILYLAW 45797 (PNJ)

DILBAGH SINGH AND ANR v. STATE OF PUNJAB

CRM-M/20072/2025 · 2025-05-15

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 224 DILBAGH SINGH AND ANOTHER STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA 1. Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), bail to the petitioner of the Mines and Minerals (Regulation of Development) Act, 1957 and Section 303(2) of BNS, 2023, registered at Police Station Koom Kalan, District Po Commissionerate, Ludhiana 2. Vide order dated 09.04.2025, passed by this Court, the petitioner were granted interim bail and w 09.04.2025, passed by this Court, reads as under: Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioners seek grant of anticipatory bail in case arising out of FIR No.147 dated 23.07.2024, registered under Sections 118(2), IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: DILBAGH SINGH AND ANOTHER Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Himanshu Rajput, Advocate for the Ms. Sakshi Bakshi, AAG, Punjab. **** MANISHA BATRA, J. (oral) Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), bail to the petitioners in case FIR No.132 dated 11.11.2024, under Section 21 of the Mines and Minerals (Regulation of Development) Act, 1957 and Section 303(2) of BNS, 2023, registered at Police Station Koom Kalan, District Po Commissionerate, Ludhiana. Vide order dated 09.04.2025, passed by this Court, the petitioner granted interim bail and were directed to join investigation. Order dated 09.04.2025, passed by this Court, reads as under: “Through the instant petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioners seek grant of anticipatory bail in case arising out of FIR No.147 dated 23.07.2024, registered under Sections 118(2), IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.20072 of 2025 Date of decision: 15.05.2025 …. Petitioners …. Respondent MANISHA BATRA , Advocate for the petitioners. Prayer in this petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory FIR No.132 dated 11.11.2024, under Section 21 of the Mines and Minerals (Regulation of Development) Act, 1957 and Section 303(2) of BNS, 2023, registered at Police Station Koom Kalan, District Police Vide order dated 09.04.2025, passed by this Court, the petitioner s directed to join investigation. Order dated 09.04.2025, passed by this Court, reads as under: etition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioners seek grant of anticipatory bail in case arising out of FIR No.147 dated 23.07.2024, registered under Sections 118(2), tiya is for grant of anticipatory FIR No.132 dated 11.11.2024, under Section 21 of the Mines and Minerals (Regulation of Development) Act, 1957 and Section lice s directed to join investigation. Order dated etition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioners seek grant of anticipatory bail in case arising out of FIR No.147 dated 23.07.2024, registered under Sections 118(2), Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document CRM 117(2), 115(2), 351(2), 1 2023 at Police Station Ajnala, Amritsar. statement got recorded by complainant Sonu Singh on 23.07.2024 alleging therein that on 05.07.2024, he was going house when the present petitioner along with co intercepted him. The co petitioner Dilbagh Singh raised a lalkara whereas the petitioner no.2 Joga Singh and the co weapons caused injuries. The petitioner no.2 struck a blow with stick on left elbow of the complainant. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending thei application for grant of anticipatory bail before the Court of learned Additional Sessions Judge, Amritsar but the same had been dismissed, vide order dated 04.09.2024. have been falsely implicated in this case. No specific overt act has been attributed to them. There is no allegation that they had attributed any injury to the complainant. There is delay of 18 days in reporting the matter to the police. It i cross version as both parties have levelled allegations against each other and DDR No.17 has been registered in this regard. CRM-M No.20072 of 2025 117(2), 115(2), 351(2), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 at Police Station Ajnala, Amritsar. The aforementioned FIR has been registered on the basis of statement got recorded by complainant Sonu Singh on 23.07.2024 alleging therein that on 05.07.2024, he was going house when the present petitioner along with co intercepted him. The co-accused were armed with weapons. The petitioner Dilbagh Singh raised a lalkara whereas the petitioner no.2 Joga Singh and the co-accused who were armed with weapons had opened an assault upon the complainant and had caused injuries. The petitioner no.2 struck a blow with stick on left elbow of the complainant. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending their arrest, the petitioners had moved an application for grant of anticipatory bail before the Court of learned Additional Sessions Judge, Amritsar but the same had been dismissed, vide order dated 04.09.2024. It is argued by learned counsel for the petition have been falsely implicated in this case. No specific overt act has been attributed to them. There is no allegation that they had attributed any injury to the complainant. There is delay of 18 days in reporting the matter to the police. It i cross version as both parties have levelled allegations against each other and DDR No.17 has been registered in this regard. M No.20072 of 2025 -2- 91(3), 190 of Bharatiya Nyaya Sanhita, 2023 at Police Station Ajnala, Amritsar. The aforementioned FIR has been registered on the basis of statement got recorded by complainant Sonu Singh on 23.07.2024 alleging therein that on 05.07.2024, he was going towards his house when the present petitioner along with co-accused accused were armed with weapons. The petitioner Dilbagh Singh raised a lalkara whereas the petitioner accused who were armed with had opened an assault upon the complainant and had caused injuries. The petitioner no.2 struck a blow with stick on left elbow of the complainant. After registration of FIR, investigation proceedings have been initiated and are underway. r arrest, the petitioners had moved an application for grant of anticipatory bail before the Court of learned Additional Sessions Judge, Amritsar but the same had been dismissed, vide order dated 04.09.2024. It is argued by learned counsel for the petitioners that they have been falsely implicated in this case. No specific overt act has been attributed to them. There is no allegation that they had attributed any injury to the complainant. There is delay of 18 days in reporting the matter to the police. It is a case of version and cross version as both parties have levelled allegations against each other and DDR No.17 has been registered in this regard. 91(3), 190 of Bharatiya Nyaya Sanhita, The aforementioned FIR has been registered on the basis of statement got recorded by complainant Sonu Singh on 23.07.2024 towards his accused accused were armed with weapons. The petitioner Dilbagh Singh raised a lalkara whereas the petitioner accused who were armed with had opened an assault upon the complainant and had caused injuries. The petitioner no.2 struck a blow with stick on left elbow of the complainant. After registration of FIR, investigation proceedings have been initiated and are underway. r arrest, the petitioners had moved an application for grant of anticipatory bail before the Court of learned Additional Sessions Judge, Amritsar but the same had ers that they have been falsely implicated in this case. No specific overt act has been attributed to them. There is no allegation that they had attributed any injury to the complainant. There is delay of 18 days s a case of version and cross version as both parties have levelled allegations against each other and DDR No.17 has been registered in this regard. Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document CRM They are ready to join the investigation. Their custodial interrogation is not required. No recovery is to them. It is, therefore, urged that the petition deserves to be allowed. With regard to the petitioner no.2 Joga Singh, it has been argued that he is alleged to have inflicted a simple injuries on the person of the complainant. advance notice of the petition seeks time to argue the case. before the Investigating/Arresting Officer to within one week or as and when subsequently required thereafter. In the event of their arrest, the Investigating/Arresting Officer shall release the petitioner on ad satisfaction. The petitioner shall also envisaged under Section 482(2) of BNSS, 2023. Advocate General, Punjab to file a reply indicating the involvement of the petitioner and all aspects would be considered at t 3. Status report dated 14.05.2025 filed on behalf of respondent is taken on record. CRM-M No.20072 of 2025 They are ready to join the investigation. Their custodial interrogation is not required. No recovery is to them. It is, therefore, urged that the petition deserves to be allowed. With regard to the petitioner no.2 Joga Singh, it has been argued that he is alleged to have inflicted a simple injuries on the person of the complainant. Notice of motion. Learned Senior Deputy Advocate General, Punjab who has advance notice of the petition seeks time to argue the case. Adjourned to 15.05.2025. In the meantime, the petitioners are directed to appear before the Investigating/Arresting Officer to within one week or as and when subsequently required thereafter. In the event of their arrest, the Investigating/Arresting Officer shall release the petitioner on ad satisfaction. The petitioner shall also envisaged under Section 482(2) of BNSS, 2023. It would, however, be open to the learned Senior Deputy Advocate General, Punjab to file a reply indicating the involvement of the petitioner and all aspects would be considered at the time of final adjudication of the matter. Status report dated 14.05.2025 filed on behalf of respondent is taken on record. M No.20072 of 2025 -3- They are ready to join the investigation. Their custodial interrogation is not required. No recovery is to be effected from them. It is, therefore, urged that the petition deserves to be allowed. With regard to the petitioner no.2 Joga Singh, it has been argued that he is alleged to have inflicted a simple injuries Learned Senior Deputy Advocate General, Punjab who has advance notice of the petition seeks time to argue the case. In the meantime, the petitioners are directed to appear before the Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of their arrest, the Investigating/Arresting Officer shall release the petitioner on ad-interim bail subject to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. It would, however, be open to the learned Senior Deputy Advocate General, Punjab to file a reply indicating the involvement of the petitioner and all aspects would be considered he time of final adjudication of the matter.” Status report dated 14.05.2025 filed on behalf of respondent-State They are ready to join the investigation. Their custodial be effected from them. It is, therefore, urged that the petition deserves to be allowed. With regard to the petitioner no.2 Joga Singh, it has been argued that he is alleged to have inflicted a simple injuries Learned Senior Deputy Advocate General, Punjab who has In the meantime, the petitioners are directed to appear join investigation within one week or as and when subsequently required thereafter. In the event of their arrest, the Investigating/Arresting Officer interim bail subject to his/her abide by the conditions as It would, however, be open to the learned Senior Deputy Advocate General, Punjab to file a reply indicating the involvement of the petitioner and all aspects would be considered State Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document CRM 4. Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner 13.04.2025 and 5. Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is allowed and the order dated 0 absolute, subject to grant of anticipatory bail. 15.05.2025 Jyoti-IV CRM-M No.20072 of 2025 Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioners have 13.04.2025 and they are not required for custodial interrogation. Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is allowed and the order dated 09.04.2025, granting interim bail to the petitioner subject to compliance of usual terms and conditions requisite for grant of anticipatory bail. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.20072 of 2025 -4- Learned State counsel, on instructions from the Investigating s have joined investigation on not required for custodial interrogation. Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is allowed 9.04.2025, granting interim bail to the petitioners, is made compliance of usual terms and conditions requisite for (MANISHA BATRA) JUDGE Yes/No. Yes/No Learned State counsel, on instructions from the Investigating oined investigation on Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is allowed , is made compliance of usual terms and conditions requisite for Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document