CRM-M-26269-2025 -1- 102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26269-2025 DECIDED ON: 14.05.2025 BHAWANJIT SINGH MAHAL .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Mohit Giri, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) 1. Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.34, dated 08.02.2025, under Sections 115(2), 126(2), 3(5), 351(2) BNS (Sections 303(2), 117(2) of BNS added later on), registered at Police Station Division No.8, District Police Commissionerate Ludhiana. 2. Prosecution story setup in the present case as per the version in the FIR as under:- “Statement of Complainant Bawandeep Singh Liddar alias Bawa son of Gurmeet Singh, resident of Village Kaddo, Tehsil Payal, District Ludhiana, aged approximately 29 years, Mobile: 98766-66370 stated that I am resident of the aforementioned address and I am permanent resident (P.R.) of Canada, where I work as a truck driver. On 01.01.2025, I had come back from Canada to my native village for my MEENU 2025.05.14 18:52 I attest to the accuracy and integrity of this document CRM-M-26269-2025 -2- marriage. On 06.02.2025, I left my house in my black Scorpio vehicle, accompanied by my friend Gurmukh Singh alias Guraan, to get medicine for my sister from Dr. Ashwani, located near Hero Heart Hospital, Ludhiana. At approximately 3:45 PM, I parked my vehicle near Hope Hospital and after getting down from the car, I proceeded towards the residence of Dr. Ashwani. At that moment, I was speaking to my sister on my mobile phone, which was a black I-Phone 14 Pro, while my friend Guraan remained seated in my car. When I was about to touch the door of Dr. Ashwani's house, I was suddenly surrounded by 5-6 unknown young men from behind, who were holding sticks in their hands and one of them had a kirpan (sword), which was scabbard. They started assaulting me physically. During this assault, my mobile phone fell from my hand onto the road. They threw me on the road and had beaten me severely. When I raised an alarm, my friend Guraan came running from the car to help me. Seeing a crowd gathering at the spot, all 5-6 unknown youth fled from the spot, issuing threats to kill me and escaped in a white Scorpio vehicle bearing registration number PB-10- GH-4467. Thereafter, my friend Guraan got me admitted at DMC Hospital, Ludhiana, for treatment. Legal action be taken against the said 5-6 unidentified young persons who assaulted me. I have given my statement voluntarily, it has been reduced into writing, read over to me, heard by me, and found to be correct. Sd/- Bawandeep Singh Attested by: Sunil Kumar, ASI 1052/Ldh Police Post DMC Hospital, Police Station Division No. 8, Ludhiana Dated 08.02.2025.” 3. Contention On behalf of the petitioner Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the basis of disclosure statement suffered by co-accused Amritpal Singh, who has been granted the concession of regular bail vide order dated 05.04.2025 passed by the Court below. He further submits that no specific role or overt act has been attributed to the petitioner. He MEENU 2025.05.14 18:52 I attest to the accuracy and integrity of this document CRM-M-26269-2025 -3- undertakes on behalf of the petitioner that he is ready and willing to join the investigation. Notice of motion. On behalf of the State/complainant On the asking of Court, Mr. Jastej Singh, Addl. AG Punjab, accepts notice on behalf of respondent/State. He prays for dismissal of the present petition stating the petitioner was nominated on the basis of disclosure statement of Amritpal Singh and he alongwith other co-accused have attacked the complainant Babandeep Singh. 4. Analysis Be that as it may, having given a considerable thought to the submissions made hereinabove especially to the fact that no overt act or specific injury has been attributed to the petitioner; except disclosure statement of co- accused Amritpal no incriminating material has been put forth by the prosecution to connect the petitioner with the alleged commissioning of offence; co-accused persons namely Babaljot Singh @ Babal & Amrit Pal Singh have already been granted the concession of bail by the trial Court vide orders dated 02.04.2025, 05.05.2025 respectively (Annexure P-2) added with the fact that the petitioner is not involved in any other case, meaning thereby he is a person of clean antecedents, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time. MEENU 2025.05.14 18:52 I attest to the accuracy and integrity of this document CRM-M-26269-2025 -4- 5. Relief:- Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to his satisfaction. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:- ‘When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of one week, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed. (SANDEEP MOUDGIL) 14.05.2025 JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.05.14 18:52 I attest to the accuracy and integrity of this document