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2025 DAILYLAW 47855 (PNJ)

AJAY KUMAR v. STATE OF PUNJAB

CRM-M/20884/2025 · 2025-07-08

Sanjay Vashisth

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Judgment text

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CRM-M-20884-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-20884-2025 Decided on:08.07.2025 AJAY KUMAR …...Petitioner Versus STATE OF PUNJAB …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Ashu Rana, Advocate for Mr. M.S. Rana, Advocate for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH, J. 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station Ajay Kumar aged about 25 years 118 23.12.2024 109, 115(2), 118(1), 303(2), 191(3), 190 of BNS (Section 117(2) of added later on) Chabbewal 2. On 03.05.2025, following order was passed:- “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Ajay Kumar aged about 118 23.12.2024 109, 115(2), 118(1), 303(2), Chabbewal Hoshiarpur RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-20884-2025 2 25 years 191(3), 190 of BNS, 2023(Section 117(2) added later on) 2. While taking up the plea of the anticipatory bail in regard to the petitioner - Ajay Kumar, at the first instance, Court noticed that his other co-accused Lakhvir Singh and Arun @ Chola, were granted concession of anticipatory bail, and thereupon, said concession has been confirmed also vide order dated 07.04.2025, passed in CRM-M- 7992-2025 & connected case, titled as, "Lakhvir Singh v. State of Punjab" (Annexure P-4), by noticing the submissions that none of the injuries upon the injured, were of serious nature. 3. Petitioner has filed the instant petition, in a way claiming parity with the other co-accused, who have already been granted concession of anticipatory bail. However, learned State counsel highlights the injury shots, which are mentioned there in the MLR, and submits that out of total 5 injuries, 3 are on head portion. Even some of the injuries are incised and deep wound. Therefore, intention of the accused can very well be inferred of causing death. Simultaneously, learned State counsel points out that all the injuries were recorded for surgical opinion. 4. On the other hand, learned counsel for the petitioner submits that the role attributed to the petitioner is of causing a sword blow on the waist; however, there is nothing in the MLR to suggest that any such injury on the waist is of a serious nature. In fact, neither any such mention is made in the MLR nor has the Doctor noted any injury on that part of the body of the injured Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 5. Notice of motion. 6. On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report. 7. Adjourned to 08.07.2025. 8. In the meanwhile, arrest of the petitioner shall remain stayed till the next date of hearing. 3. Learned State counsel has filed short reply by way of affidavit of Palwinder Singh PPS, Deputy Superintendent of Police, Sub Division Chabbewal, District Hoshiarpur, in Court today. Same is taken on record. Registry is directed to tag the same at appropriate place with the paper-book. While referring to paragraph No. 7 of the reply, learned State Counsel submits that during the course of investigation, the petitioner RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-20884-2025 3 was found innocent and thus present petition has been rendered infructuous. 4. In view of the above, the present petition is disposed of as having become infructuous. (SANJAY VASHISTH) JUDGE July 08, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document