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CRM-M-25484-2025
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202
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-25484-2025
Date of Decision:- 11.08.2025 Denial Masih alias Danny
....Petitioner
Vs.
State of Punjab
...Respondent
CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Ms. Pooja, Advocate for Mr. Ritesh Pandey, Advocate for the petitioner.
Ms. Manjot Kaur, AAG, Punjab.
*****
AMARJOT BHATTI, J.
1.
Petitioner Denial Masih alias Danny has filed petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No. 134 dated 06.12.2024 under Sections 115(2), 74, 351(3), 191(3), 190 of BNS 2023, registered at Police Station Shri Hargobindpur Dera, Tehsil Batala, District Batala (Gurdaspur).
2.
As per facts of case, complainant/prosecutrix ‘L K’ gave her statement that she got married about five years ago and is mother of two children. Love son of Tarsem Masih was running a shop at Harchowal Chowk who kept bad eye on her. He was trying to put pressure on her to give consent but she objected to it. On 01.02.2024 at about 10:00 AM, she along with her grandmother-in-law Bimla were present in the house whereas rest of the family had gone to Church. Love entered the house by kicking on SUNIL DEVI 2025.08.13 17:02 I attest to the accuracy and integrity of this document
CRM-M-25484-2025
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the gate. He enquired about her wish and had torn her shirt by holding it from neck. Her mother-in-law was present in the adjoining room. He gave Kahi blows lying in her house which hit on her left hand, waist and right arm. On hearing alarm, Bimla also came out who was also beaten up. On alarm raised by them, said Love ran away from their house. When she came out, she noticed that Akash armed with datar, Sunny armed with datar, Sikandar armed with iron rod, Ravi armed with datar, Danny armed with baseball bat were standing on the road and were abusing. They were taken to CHC Bham for medical treatment. Respectables tried to effect compromise but it could not mature and finally, the present FIR has been registered.
3.
Learned counsel for petitioner referred to the order dated 26.05.2025 vide which petitioner was granted interim relief with the direction to join the investigation. It is pointed out that petitioner has joined the investigation and fully cooperated with the investigating agency. It is submitted that his anticipatory bail petition may be allowed.
4.
Learned counsel representing State has filed status report, which is taken on record. Facts narrated in the FIR are confirmed in the status report. Statement of the prosecutrix was recorded under section 183 BNSS. As per the MLR, the prosecutrix suffered 3 injuries, 2 injuries were declared simple in nature and one injury wars kept under X ray observation. Bimla also suffered 4 injuries out of which injury No.2, 3 and 4 were declared simple in nature and injury No.1 was kept under X ray observation. Petitioner as per the directions of this court joined investigation on SUNIL DEVI 2025.08.13 17:02 I attest to the accuracy and integrity of this document
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31.07.2025 and baseball bat is also recovered. He is not required for further investigation.
5.
Considering the aforesaid factual position, no purpose would be served by sending him behind the bars. Petitioner has fully cooperated with the investigating agency. Even otherwise, main allegations are against co- accused Love. Therefore, without expressing my mind on merits, anticipatory bail petition filed by petitioner Denial Masih alias Danny is allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/Investigating Officer concerned, subject to condition that petitioner will join investigation as and when required. He will not tamper with or interfere with investigation and will not leave country without prior permission as provided under Section 482(2) of BNSS, 2023.
6.
Pending application(s), if any, also stands disposed of accordingly.
(AMARJOT BHATTI)
JUDGE 11.08.2025
sunil devi Whether speaking/reasoned : Yes/No Whether reportable
: Yes/No
SUNIL DEVI 2025.08.13 17:02 I attest to the accuracy and integrity of this document