CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 103 Baljinder Singh @ Balwinder Singh State of Punjab CORAM: Present: SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of bearing FIR No. under Sections 115(2) BNS 2023 added later on) at Police Station Talwandi Sabo, District Bathinda. 2. Gurmit Kaur, a Constable in Punjab Police alleging that aged 27 years Sabo, was forcibly abducted around 11:30 AM by Lavu Kaur, with whom Despite prior knowledge and a panchayat members of Lavu Kaur Singh (father), Malkit Singh (grandfather), Manjinder Singh and Ba Singh (uncles), and Shaganjit Singh (maternal uncle) -35332-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Baljinder Singh @ Balwinder Singh V/s State of Punjab CORAM: HON’BLE MR. JUSTICE SUMEET Mr. Tarun Singla, Advocate for the petitioner. Mr. J.P. Singh, DAG Punjab. ***** SUMEET GOEL, J. (Oral) The present second petition has been filed Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the for grant of pre-arrest/anticipatory bearing FIR No.54 dated 18.03.2025, registered for the offences punishable under Sections 140(3), 190, 191(3) of BNS, 2023 (offence under Section 115(2) BNS 2023 added later on) at Police Station Talwandi Sabo, District Bathinda. The FIR in question has been registered by the complainant, Gurmit Kaur, a Constable in Punjab Police alleging that on the day of the incident, her younger brother Harpreet Singh aged 27 years, who runs a saloon shop near Guru Kanshi College, Talwandi Sabo, was forcibly abducted around 11:30 AM by Lavu Kaur, with whom he was in a relationship and intended to marry. Despite prior knowledge and a panchayat members of Lavu Kaur opposed the alliance. Singh (father), Malkit Singh (grandfather), Manjinder Singh and Ba Singh (uncles), and Shaganjit Singh (maternal uncle) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35332-2025 Date of decision: 09.07.202 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Tarun Singla, Advocate for the petitioner. Mr. J.P. Singh, DAG Punjab. ***** The present second petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the arrest/anticipatory bail to the petitioner in case , registered for the offences punishable 190, 191(3) of BNS, 2023 (offence under Section 115(2) BNS 2023 added later on) at Police Station Talwandi Sabo, District The FIR in question has been registered by the complainant, Gurmit Kaur, a Constable in Punjab Police and resident of Village Malkana, on the day of the incident, her younger brother Harpreet Singh near Guru Kanshi College, Talwandi Sabo, was forcibly abducted around 11:30 AM by the family members of he was in a relationship and intended to marry. Despite prior knowledge and a panchayat level compromise, the family opposed the alliance. The abductors namely Pargat Singh (father), Malkit Singh (grandfather), Manjinder Singh and Baljinder Singh (uncles), and Shaganjit Singh (maternal uncle) had arrived in an Alto .2025 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the bail to the petitioner in case , registered for the offences punishable 190, 191(3) of BNS, 2023 (offence under Section 115(2) BNS 2023 added later on) at Police Station Talwandi Sabo, District The FIR in question has been registered by the complainant, Village Malkana, on the day of the incident, her younger brother Harpreet Singh near Guru Kanshi College, Talwandi members of he was in a relationship and intended to marry. family Pargat ljinder arrived in an Alto AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- car (PB- occurrence and workplace and fled. Eyewitnesses Ali Harshdeep Kumar tried to intervene but failed her younger brother namely making a complaina objection to the relationship and requests immediate legal action. these allegations, FIR in question has been registered and investigation ensued. 3. arrest/anticipatory bail before this Court i.e. CRM dismissed as withdrawn on of anticipatory/pre 07.07.2025. 4. has been falsely implicated in t FIR, the allegations levelled against the petitioner are general and vague in nature. Learned counsel has further iterated that the complainant, who is serving as a Constable in the Punjab Police, has allegedl official position and in connivance with the local police, orchestrated the registration of a false and frivolous case against the petitioner and his family members. Furthermore, the injuries allegedly sustained by injured namely Harpreet S the medical authorities. It has been further iterated that the alleged recovery -35332-2025 -03-1416) and a motorcycle (PB03AE occurrence and forcibly took her younger brother namely workplace and fled. Eyewitnesses Ali Harshdeep Kumar tried to intervene but failed her younger brother namely Harpreet briefly confirmed the abduction making a phone call before the call was abruptly disconnected. The complainant alleged that the motive behind the kidnapping is the family objection to the relationship and requests immediate legal action. these allegations, FIR in question has been registered and investigation The petitioner had earlier app arrest/anticipatory bail before this Court i.e. CRM dismissed as withdrawn on 26.05.2025. Thereafter, the present petition i.e. the second petition for grant of anticipatory/pre-arrest bail has been preferred by the petitioner on 07.07.2025. Learned counsel for the petitioner has has been falsely implicated in the present case. From the bare perusal of the FIR, the allegations levelled against the petitioner are general and vague in Learned counsel has further iterated that the complainant, who is serving as a Constable in the Punjab Police, has allegedl official position and in connivance with the local police, orchestrated the registration of a false and frivolous case against the petitioner and his family members. Furthermore, the injuries allegedly sustained by injured namely Harpreet Singh are superficial in nature and have been declared the medical authorities. It has been further iterated that the alleged recovery 2 1416) and a motorcycle (PB03AE-3947) on the day of her younger brother namely Harpreet from his Khan (his business partner) and Harshdeep Kumar tried to intervene but failed. It was further alleged that Harpreet briefly confirmed the abduction before the call was abruptly disconnected. The that the motive behind the kidnapping is the family objection to the relationship and requests immediate legal action. Based on these allegations, FIR in question has been registered and investigation The petitioner had earlier applied for grant of pre arrest/anticipatory bail before this Court i.e. CRM-M-26038-2025 which was Thereafter, the present petition i.e. the second petition for grant arrest bail has been preferred by the petitioner on Learned counsel for the petitioner has iterated that the petitioner he present case. From the bare perusal of the FIR, the allegations levelled against the petitioner are general and vague in Learned counsel has further iterated that the complainant, who is serving as a Constable in the Punjab Police, has allegedly misused her official position and in connivance with the local police, orchestrated the registration of a false and frivolous case against the petitioner and his family members. Furthermore, the injuries allegedly sustained by injured namely ingh are superficial in nature and have been declared ‘simple’ the medical authorities. It has been further iterated that the alleged recovery on the day of Harpreet from his Khan (his business partner) and . It was further alleged that Harpreet briefly confirmed the abduction by before the call was abruptly disconnected. The that the motive behind the kidnapping is the family Based on these allegations, FIR in question has been registered and investigation lied for grant of pre- which was Thereafter, the present petition i.e. the second petition for grant arrest bail has been preferred by the petitioner on that the petitioner he present case. From the bare perusal of the FIR, the allegations levelled against the petitioner are general and vague in Learned counsel has further iterated that the complainant, who is y misused her official position and in connivance with the local police, orchestrated the registration of a false and frivolous case against the petitioner and his family members. Furthermore, the injuries allegedly sustained by injured namely ’ by the medical authorities. It has been further iterated that the alleged recovery AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- of injured Harpreet Singh has already been effected and there remains no further recovery to be made at the i further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be recovered from him. Moreover, antecedents. Learned counsel asserts that the petitioner has no intention of evading the process of law and undertakes to cooperate fully with the investigation. concession of pre learned counsel hence no useful purpose would be served by sending On the basis of the aforementioned submissions, the grant of the instant petition is entreated for and the anticipatory 5. anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the petitioner, in active connivance with his co and serious offence of for Harpreet Singh and is further alleged to have inflicted multiple injuries upon the victim. In view of the seriousness of the offence, the nature of allegations, and the likelihood of the petitioner interfer investigation or influencing witnesses, it is prayed that the present petition deserves to be dismissed. 6. gone through the available record of the case. -35332-2025 of injured Harpreet Singh has already been effected and there remains no further recovery to be made at the instance of the petitioner. further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be recovered from him. Moreover, the petitioner is a law abiding citizen with no criminal ents. Learned counsel asserts that the petitioner has no intention of evading the process of law and undertakes to cooperate fully with the investigation. Moreover, the co-accused has already been granted the concession of pre-arrest bail by the Court bel learned counsel that the petitioner is ready to join the investigation no useful purpose would be served by sending On the basis of the aforementioned submissions, the grant of the instant petition is entreated for and the petitioner anticipatory bail. Conversely, learned State counsel anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the petitioner, in active connivance with his co-accused, is involved in the commission of a grave and serious offence of forcible abduction of an innocent individual namely Harpreet Singh and is further alleged to have inflicted multiple injuries upon the victim. In view of the seriousness of the offence, the nature of allegations, and the likelihood of the petitioner interfer investigation or influencing witnesses, it is prayed that the present petition deserves to be dismissed. I have heard the learned counsel for the gone through the available record of the case. 3 of injured Harpreet Singh has already been effected and there remains no nstance of the petitioner. It has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be recovered from him. the petitioner is a law abiding citizen with no criminal ents. Learned counsel asserts that the petitioner has no intention of evading the process of law and undertakes to cooperate fully with the accused has already been granted the arrest bail by the Court below. It is next submitted by the that the petitioner is ready to join the investigation and no useful purpose would be served by sending him behind the bars. On the basis of the aforementioned submissions, the grant of the instant petitioner be granted the concession of the Conversely, learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the petitioner, in active accused, is involved in the commission of a grave cible abduction of an innocent individual namely Harpreet Singh and is further alleged to have inflicted multiple injuries upon the victim. In view of the seriousness of the offence, the nature of allegations, and the likelihood of the petitioner interfering with the ongoing investigation or influencing witnesses, it is prayed that the present petition I have heard the learned counsel for the rival parties and have gone through the available record of the case. of injured Harpreet Singh has already been effected and there remains no It has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be recovered from him. the petitioner is a law abiding citizen with no criminal ents. Learned counsel asserts that the petitioner has no intention of evading the process of law and undertakes to cooperate fully with the accused has already been granted the by the and him behind the bars. On the basis of the aforementioned submissions, the grant of the instant concession of the opposed the grant of anticipatory bail to the petitioner by arguing that the offence committed by the petitioner is serious in nature. He submits that the petitioner, in active accused, is involved in the commission of a grave cible abduction of an innocent individual namely Harpreet Singh and is further alleged to have inflicted multiple injuries upon the victim. In view of the seriousness of the offence, the nature of ing with the ongoing investigation or influencing witnesses, it is prayed that the present petition and have AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- 7. Hon’ble Supreme Court titled as Yashwant Patil and another whereof reads as under: -35332-2025 It would be apposite to refer herein to a judgment of the Hon’ble Supreme Court titled as Kishor Vishwasrao Patil vs. Deepak Yashwant Patil and another passed in whereof reads as under: “74. Ordinarily, arrest is a part of the proce intended to secure several purposes. There may be circumstances in which the accused may provide information leading to discovery of material facts and relevant information. Grant of anticipatory bail may hamper the investigation. Pre-arrest bail is to strike a balance between the individual's right to personal freedom and the right of the investigating agency to interrogate the accused as to the material so far collected and to collect more information which may lead to recovery of information. xxx xxx xxx xxx 75. Observing that the arrest is a part of the investigation intended to secure several purposes, in Adri Dharan Das v. State of W.B. [Adri Dharan Das v. State of W.B., (2005) 4 SCC 303 it was held as under : (SCC p. 313, para 19) “19. Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection crime. There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his disappearance, to maintain law and order in the locality. For these or other reasons, arrest may become an inevitable part of the process of investigation. Th cannot be gone into in an application under role of the investigator is well defined and the jurisdictional scope of interference by the court in the process of investigation is limited. The court ordinarily will not interfere with the investigation of a crime or with the arrest of the accused in a cognizable offence. An interim order restraining arrest, if passed while dealing with an applicat under Section 438 of the Code will amount to interference in the investigation, which cannot, at any rate, be done under Code.” 4 be apposite to refer herein to a judgment of the Kishor Vishwasrao Patil vs. Deepak SLP(Crl) No.1125-2022, relevant “74. Ordinarily, arrest is a part of the process of the investigation intended to secure several purposes. There may be circumstances in which the accused may provide information leading to discovery of material facts and relevant information. Grant of anticipatory bail may hamper the arrest bail is to strike a balance between the individual's right to personal freedom and the right of the investigating agency to interrogate the accused as to the material so far collected and to information which may lead to recovery of relevant xxx xxx xxx xxx 75. Observing that the arrest is a part of the investigation intended to Adri Dharan Das v. State of W.B. [Adri Dharan Das v. State of W.B., (2005) 4 SCC 303 : 2005 SCC (Cri) 933] it was held as under : (SCC p. 313, para 19) “19. Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused may provide leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without rance and to protect witnesses and persons connected with the victim of the crime, to prevent his disappearance, to maintain law and order in the locality. For these or other reasons, arrest may become an inevitable part of the process of investigation. The legality of the proposed arrest in an application under Section 438 of the Code. The role of the investigator is well defined and the jurisdictional scope of t in the process of investigation is limited. The court ordinarily will not interfere with the investigation of a crime or with the arrest of the accused in a cognizable offence. An interim order ning arrest, if passed while dealing with an applicat of the Code will amount to interference in the annot, at any rate, be done under Section 438 of the be apposite to refer herein to a judgment of the Kishor Vishwasrao Patil vs. Deepak relevant ss of the investigation intended to secure several purposes. There may be circumstances in which the accused may provide information leading to discovery of material facts and relevant information. Grant of anticipatory bail may hamper the arrest bail is to strike a balance between the individual's right to personal freedom and the right of the investigating agency to interrogate the accused as to the material so far collected and to relevant 75. Observing that the arrest is a part of the investigation intended to Adri Dharan Das v. State of W.B. [Adri : 2005 SCC (Cri) 933] , “19. Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and of other persons, if any, in the crime. There may be circumstances in which the accused may provide leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without rance and to protect witnesses and persons connected with the victim of the crime, to prevent his disappearance, to maintain law and order in the locality. For these or other reasons, arrest may become an inevitable e legality of the proposed arrest of the Code. The role of the investigator is well defined and the jurisdictional scope of t in the process of investigation is limited. The court ordinarily will not interfere with the investigation of a crime or with the arrest of the accused in a cognizable offence. An interim order ning arrest, if passed while dealing with an application of the Code will amount to interference in the of the AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- -35332-2025 76. In Siddharam Satlingappa Mhetre v. State of Maharashtra [Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 : (2011) 1 SCC (Cri) 514], the Supreme Court laid down the factors and parameters to be considered while dealing with antici was held that the nature and the gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made and that the court must evaluate the available material against the accused very carefully. It was also held that the court should also consider whether the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her. 77. After referring to Siddharam Satlingappa Mhetre Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC (Cri) 514] and other judgments and observing that anticipatory bail can be granted only in exceptional circumstances, in Prakash Singh v. State of Bihar [Jai Prakash Singh (2012) 4 SCC 379 : (2012) 2 SCC (Cri) 468] under : (SCC p. 386, para 19) “19. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, the court must record the reasons therefor. Anticipatory bail can be granted only in exceptional circumstances where the court is prima facie of th the applicant has falsely been enroped in the crime and would not misuse his liberty. (See D.K. Ganesh Babu v. P.T. Manokaran [D.K. Ganesh Babu v. P.T. Manokaran, (2007) 4 SCC 434 :(2007) 2 SC State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain [State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain, (2008) 1 SCC 213 : (2008) 1 SCC (Cri) 176] and Union of India v. Padam Narain Aggarwal [Union of India v. Padam Narain Ag 305 : (2009) 1 SCC (Cri) 1] .)” Economic offences 78. Power under Section 438 CrPC being an extraordinary remedy, has to be exercised sparingly; more so, in cases of economic offen offences stand as a different class as they affect the economic fabric of the society. In Directorate of Enforcement v. Ashok Kumar Jain [Directorate of Enforcement v. Ashok Kumar Jain, (199 1998 SCC (Cri) 510], it was held that in economic not entitled to anticipatory bail.” 15. In Sushila Agrawal and others v. State (NCT of Delhi) and Another reported in (2020) 5 SCC 1 held that while considering an application for grant of pre Court has to consider the nature 5 Siddharam Satlingappa Mhetre v. State of Maharashtra [Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC , the Supreme Court laid down the factors and parameters to be considered while dealing with anticipatory bail. It was held that the nature and the gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made and that the court must evaluate the available material against the was also held that the court should also consider whether the accusations have been made only with the object of injuring humiliating the applicant by arresting him or her. haram Satlingappa Mhetre [Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 : and other judgments and observing that anticipatory bail can be granted only in exceptional circumstances, in Prakash Singh v. State of Bihar [Jai Prakash Singh v. State of Bihar, (2012) 4 SCC 379 : (2012) 2 SCC (Cri) 468] , the Supreme Court held as anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, the court must record the reasons therefor. Anticipatory bail can be granted only in exceptional circumstances where the court is prima facie of the view that the applicant has falsely been enroped in the crime and would not misuse D.K. Ganesh Babu v. P.T. Manokaran [D.K. Ganesh v. P.T. Manokaran, (2007) 4 SCC 434 :(2007) 2 SCC (Cri) 345] , State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain [State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain, (2008) 1 SCC 213 : (2008) 1 SCC (Cri) 176] and Union of India v. Padam Narain Aggarwal [Union of India v. Padam Narain Aggarwal, (2008) 13 SCC CrPC being an extraordinary remedy, has to be exercised sparingly; more so, in cases of economic offences. Economic offences stand as a different class as they affect the economic fabric of the Directorate of Enforcement v. Ashok Kumar Jain v. Ashok Kumar Jain, (1998) 2 SCC 105 : , it was held that in economic offences, the accused is Sushila Agrawal and others v. State (NCT of Delhi) and reported in (2020) 5 SCC 1, Constitution Bench of this Court held that while considering an application for grant of pre-arrest bail the of the offence, the role of the person, the Siddharam Satlingappa Mhetre v. State of Maharashtra [Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC , the Supreme Court laid down the factors patory bail. It was held that the nature and the gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made and that the court must evaluate the available material against the was also held that the court should also consider whether the accusations have been made only with the object of injuring [Siddharam , (2011) 1 SCC 694 : and other judgments and observing that anticipatory bail can be granted only in exceptional circumstances, in Jai v. State of Bihar, , the Supreme Court held as anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, the court must record the reasons therefor. Anticipatory bail can be granted only in e view that the applicant has falsely been enroped in the crime and would not misuse D.K. Ganesh Babu v. P.T. Manokaran [D.K. Ganesh C (Cri) 345] , State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain [State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain, (2008) 1 SCC 213 : (2008) 1 SCC (Cri) 176] and Union of India v. Padam Narain garwal, (2008) 13 SCC CrPC being an extraordinary remedy, has to ces. Economic offences stand as a different class as they affect the economic fabric of the Directorate of Enforcement v. Ashok Kumar Jain SCC 105 : offences, the accused is Sushila Agrawal and others v. State (NCT of Delhi) and , Constitution Bench of this Court arrest bail the , the role of the person, the AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- 8. serious allegations have been levelled against the petitioner. The FIR was lodged on the basis of a complaint filed by the Gurmeet Kaur with regard to an incident that allegedly occurred on 18.03.2025. The complainant, who was serving as a Constable in Police department in Jalandhar, stated that her younger brother namely Harpreet Singh was forcibly abducte of Pargat Singh with whom he was in a relationship and intended to marry. However, t recovered As per the accused, is alleged to have forcibly abducted the subjected him to merciless physical assault, resulting in seven injuries. Notably, several of these injured and injures is still awaited. some of the investigative process but also reflects a concerted attempt to evade the due process of law. -35332-2025 likelihood of his influencing the course evidence or likelihood of fleeing justice. The Court held: “92.4. Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the discretion of the court.” As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The FIR was lodged on the basis of a complaint filed by the Gurmeet Kaur with regard to an incident that allegedly occurred on 18.03.2025. The complainant, who was serving as a Constable in Police department in Jalandhar, stated that her younger brother namely Harpreet Singh was forcibly abducted by the family members of Lavu Kaur daughter of Pargat Singh with whom he was in a relationship and intended to marry. However, the alleged victim namely Harpreet Singh has already been recovered and alleged that the petitioner has caused several injurie As per the prosecution narrative, the petitioner accused, is alleged to have forcibly abducted the subjected him to merciless physical assault, resulting in seven injuries. Notably, several of these injuries are on injured and the medico-legal opinion regarding the precise nature is still awaited. It is pertinent to note that some of the co-accused are still absconding, which not only hampers the investigative process but also reflects a concerted attempt to evade the due process of law. In the considered opinion of this Court, t 6 likelihood of his influencing the course of investigation, or tampering with evidence or likelihood of fleeing justice. The Court held:- “92.4. Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the s of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are e case, and subject to the discretion of the As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. The FIR ibid was lodged on the basis of a complaint filed by the complainant namely Gurmeet Kaur with regard to an incident that allegedly occurred on 18.03.2025. The complainant, who was serving as a Constable in Police department in Jalandhar, stated that her younger brother namely Harpreet d by the family members of Lavu Kaur daughter of Pargat Singh with whom he was in a relationship and intended to marry. Harpreet Singh has already been and alleged that the petitioner has caused several injuries to him petitioner, in connivance with other co accused, is alleged to have forcibly abducted the injured/victim and subjected him to merciless physical assault, resulting in seven injuries. injuries are on the vital parts of the body of the legal opinion regarding the precise nature of the said It is pertinent to note that, as per the prosecution, absconding, which not only hampers the investigative process but also reflects a concerted attempt to evade the due In the considered opinion of this Court, the conduct of the of investigation, or tampering with “92.4. Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the s of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are e case, and subject to the discretion of the As per the case put forth in the FIR in question, indubitably, ibid complainant namely Gurmeet Kaur with regard to an incident that allegedly occurred on 18.03.2025. The complainant, who was serving as a Constable in Police department in Jalandhar, stated that her younger brother namely Harpreet d by the family members of Lavu Kaur daughter of Pargat Singh with whom he was in a relationship and intended to marry. Harpreet Singh has already been s to him. , in connivance with other co- victim and subjected him to merciless physical assault, resulting in seven injuries. of the of the said , as per the prosecution, absconding, which not only hampers the investigative process but also reflects a concerted attempt to evade the due he conduct of the AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- petitioner rule of law and public order, and the offence alleged is of a grave and heinous character, involving elements of criminal conspiracy, abduction, wrongful confinement, and assault causing grievous hurt. serious allegations, t indispensable and crucial for unearthing the broader conspiracy, identifying the other potential accomplices, and recovering any incriminating evidence that may be within the exclusive knowledge or possession The nature and which necessitates a thorough and sustained custodial investigation. Moreover, seriously prejudice the on absconding accused, and potentially result in tampering with evidence or influencing material witnesses. 9. grant of anticipatory bail, the Court individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the wide impact of such alleged iniquities on the society. It is imperative that every person in the Society can expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to hold that prima opinion with regard to the injured is still awaited preliminary investigation, appear to be establ -35332-2025 petitioner and his associates exhibits a flagrant and willful di rule of law and public order, and the offence alleged is of a grave and heinous character, involving elements of criminal conspiracy, abduction, wrongful confinement, and assault causing grievous hurt. serious allegations, the custodial interrogation of the indispensable and crucial for unearthing the broader conspiracy, identifying other potential accomplices, and recovering any incriminating evidence that may be within the exclusive knowledge or possession The nature and modus operandi of the crime also suggest premeditation, which necessitates a thorough and sustained custodial investigation. Moreover, the grant of anticipatory bail at this premature stage may seriously prejudice the ongoing investigation, embolden the remaining absconding accused, and potentially result in tampering with evidence or influencing material witnesses. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the wide impact of such alleged iniquities on the society. It is imperative that every person in the Society can expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to prima facie case is not made out against the petitioner. opinion with regard to the nature and extent of the injuries sustained by the injured is still awaited. The material which has come on record and preliminary investigation, appear to be establ 7 and his associates exhibits a flagrant and willful disregard for the rule of law and public order, and the offence alleged is of a grave and heinous character, involving elements of criminal conspiracy, abduction, wrongful confinement, and assault causing grievous hurt. In view of the he custodial interrogation of the petitioner indispensable and crucial for unearthing the broader conspiracy, identifying other potential accomplices, and recovering any incriminating evidence that may be within the exclusive knowledge or possession of the petitioner of the crime also suggest premeditation, which necessitates a thorough and sustained custodial investigation. the grant of anticipatory bail at this premature stage may going investigation, embolden the remaining absconding accused, and potentially result in tampering with evidence or It is befitting to mention here that while considering a plea for has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. It is imperative that every person in the Society can expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to case is not made out against the petitioner. The medical nature and extent of the injuries sustained by the . The material which has come on record and preliminary investigation, appear to be established a reasonable basis for the sregard for the rule of law and public order, and the offence alleged is of a grave and heinous character, involving elements of criminal conspiracy, abduction, In view of the petitioner is indispensable and crucial for unearthing the broader conspiracy, identifying other potential accomplices, and recovering any incriminating evidence of the petitioner. of the crime also suggest premeditation, which necessitates a thorough and sustained custodial investigation. the grant of anticipatory bail at this premature stage may going investigation, embolden the remaining absconding accused, and potentially result in tampering with evidence or It is befitting to mention here that while considering a plea for has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role attributed to deeper and wide impact of such alleged iniquities on the society. It is imperative that every person in the Society can expect an atmosphere free from foreboding & fear of any transgression. At this stage, there is no material on record to The medical nature and extent of the injuries sustained by the . The material which has come on record and ished a reasonable basis for the AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. 187 : 1997 SCC (Cri) 1039] para 6) 10. active, grave, and culpable in comparison to co been enlarged on bail. The petitioner is alleged to have played a overarching role in the commission of the o of involvement, coordination, and petitioner are not merely peripheral or incidental but form the core of the prosecutorial case, distinguishing his conduct from that of the other co accused whose complicity appears to be comparatively limited in scope and intensity. accused, as the principle of parity does not apply where the degree of participation and the gravity of allega -35332-2025 accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation. In State v. Anil Sharma [State 187 : 1997 SCC (Cri) 1039], the Supreme Court held as under : (SCC p. “6. We find force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented ensconced with a favourable order under like this, effective interrogation of a suspected person advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is interrogated. in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as off The role attributed to the petitioner is demonstrably more active, grave, and culpable in comparison to co been enlarged on bail. The petitioner is alleged to have played a overarching role in the commission of the o of involvement, coordination, and mens rea petitioner are not merely peripheral or incidental but form the core of the prosecutorial case, distinguishing his conduct from that of the other co accused whose complicity appears to be comparatively limited in scope and Accordingly, the petitioner cannot claim parity with the co accused, as the principle of parity does not apply where the degree of participation and the gravity of allegations materially differ. His role, being 8 accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective il Sharma [State v. Anil Sharma, (1997) 7 SCC e Court held as under : (SCC p.189, “6. We find force in the submission of CBI that custodial interrogation is oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous ring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being degree methods need not be countenanced, for, such an be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.” The role attributed to the petitioner is demonstrably more active, grave, and culpable in comparison to co-accused who have already been enlarged on bail. The petitioner is alleged to have played a overarching role in the commission of the offence, indicating a higher degree mens rea. The allegations against the petitioner are not merely peripheral or incidental but form the core of the prosecutorial case, distinguishing his conduct from that of the other co accused whose complicity appears to be comparatively limited in scope and Accordingly, the petitioner cannot claim parity with the co accused, as the principle of parity does not apply where the degree of tions materially differ. His role, being accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective v. Anil Sharma, (1997) 7 SCC 189, “6. We find force in the submission of CBI that custodial interrogation is questioning a suspect who is well- of the Code. In a case is of tremendous ring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre- Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being degree methods need not be countenanced, for, such an be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring The role attributed to the petitioner is demonstrably more accused who have already been enlarged on bail. The petitioner is alleged to have played an ffence, indicating a higher degree . The allegations against the petitioner are not merely peripheral or incidental but form the core of the prosecutorial case, distinguishing his conduct from that of the other co- accused whose complicity appears to be comparatively limited in scope and Accordingly, the petitioner cannot claim parity with the co- accused, as the principle of parity does not apply where the degree of tions materially differ. His role, being AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document CRM-M- broader and more instrumental, warrants stricter judicial scrutiny and militates against the grant of discretionary relief such as anticipatory bail. 11. brought forward which would indicate that the petitioner is entitled to maintain his second petition for grant of anticipatory bail. The first anticipatory bail petition filed by the petitioner was dismissed as withdrawn on 26.05.2025. From the entire present petition, no fresh ground or accentuating circumstance is made out so as to enable the petitioner to file and maintain the second anticipatory bail petition. 12. petitioner does not deserve the concession of anticipatory bail in the factual matrix of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation & to unravel the truth. The petition is, thus, devoid of merits and is hereby dismissed. 13. of opinion upon merits of the case/investigation. 14. July 09, 202 Ajay -35332-2025 broader and more instrumental, warrants stricter judicial scrutiny and militates against the grant of discretionary relief such as anticipatory bail. More so, no fresh substantial change in circumstance has b brought forward which would indicate that the petitioner is entitled to maintain his second petition for grant of anticipatory bail. The first anticipatory bail petition filed by the petitioner was dismissed as withdrawn on 26.05.2025. From the entire factual conspectus brought forward in the present petition, no fresh ground or accentuating circumstance is made out so as to enable the petitioner to file and maintain the second anticipatory bail Accordingly, this Court is of the conside petitioner does not deserve the concession of anticipatory bail in the factual matrix of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation & to unravel the truth. tion is, thus, devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. , 2025 Whether speaking/reasoned: Whether reportable: 9 broader and more instrumental, warrants stricter judicial scrutiny and militates against the grant of discretionary relief such as anticipatory bail. More so, no fresh substantial change in circumstance has b brought forward which would indicate that the petitioner is entitled to maintain his second petition for grant of anticipatory bail. The first anticipatory bail petition filed by the petitioner was dismissed as withdrawn factual conspectus brought forward in the present petition, no fresh ground or accentuating circumstance is made out so as to enable the petitioner to file and maintain the second anticipatory bail Accordingly, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail in the factual matrix of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation & to unravel the truth. tion is, thus, devoid of merits and is hereby dismissed. Nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No broader and more instrumental, warrants stricter judicial scrutiny and More so, no fresh substantial change in circumstance has been brought forward which would indicate that the petitioner is entitled to maintain his second petition for grant of anticipatory bail. The first anticipatory bail petition filed by the petitioner was dismissed as withdrawn factual conspectus brought forward in the present petition, no fresh ground or accentuating circumstance is made out so as to enable the petitioner to file and maintain the second anticipatory bail red opinion that the petitioner does not deserve the concession of anticipatory bail in the factual matrix of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for an effective investigation & to unravel the truth. Nothing said hereinabove shall be deemed to be an expression AJAY KUMAR 2025.07.09 17:52 I attest to the accuracy and integrity of this document