CRM-M-37967-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105 CRM-M-37967-2025 Date of decision: 21.07.2025 KHUSHAWANT KAUR AND ANOTHER ...Petitioners VERSUS STATE OF PUNJAB AND ANOTHER ...Respondents CORAM : HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. P.K.S. Phoolka, Advocate for the petitioners. Mr. Jastej Singh, Addl. AG, Punjab. **** SANDEEP MOUDGIL , J.(ORAL) 1. Prayer This petition has been filed under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioners in case FIR No.117 dated 14.06.2025 under Sections 303(2), 324(4), 351(2), 191(3), 190 of BNS, registered at Police Station Nehianwala, Bathinda, District Bathinda (Punjab). 2. Contentions On behalf of the petitioner Learned counsel for the petitioners has argued that the petitioner has been falsely implicated in the present case with the allegations NISHA 2025.07.21 19:17 I attest to the accuracy and integrity of this document CRM-M-37967-2025 -2- that on 11.06.2025, Khushwant Kaur, Gurcharan Singh, Gurjant Singh, Amandeep Singh armed with rod, axes and kasias came to the fields of the complainant and dismantled the motor water pipe and threatened to kill the complainant and his son. He further submits that the complainant is in illegal possession of the land and in order to protect his possession has filed the instant FIR and is also dragging the petitioners in false and frivolous cases. Learned counsel also submits that the present case is a no injury case as not even a single injury has been inflicted to any person. He further submits that the petitioners have applied for the anticipatory bail before the Additional Sessions Judge, Bathinda, however, the same has been dismissed vide order dated 09.07.2025 (Annexure P-3). Learned counsel for the petitioners undertakes that the petitioners are ready and willing to join the investigation and cooperate with the investigating officer. Notice of motion. On behalf of the State Mr. Jastej Singh, Addl. AG, Punjab appearing on advance notice on instructions from Investigating officer vehemently opposes the prayer for grant of concession of anticipatory bail stating that the petitioners along with others have committed serious and grievous offence and name of the petitioners are specifically mentioned in the FIR and have actively participated in the present case but could not controvert the fact that no injury has been attributed to the complainant. 3. Analysis Be that as it may, after given a thoughtful consideration to the submissions as made, by the counsel for both the parties it is found that NISHA 2025.07.21 19:17 I attest to the accuracy and integrity of this document CRM-M-37967-2025 -3- nothing is to be recovered from the petitioners and the present case is a no injury case and State has failed to make out the case against the petitioners as to why their custodial interrogation is required. Hence, this Court finds no reason to deny the petitioners the concession of anticipatory bail, wherein the petitioners have bona fide intentions and is willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period. 4. Relief Hence, in view of the admitted set of circumstances before this Court, the petitioners are hereby directed to be released on anticipatory bail subject to their joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS of 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 petitioners do not comply with the aforesaid direction of joining the investigation within one NISHA 2025.07.21 19:17 I attest to the accuracy and integrity of this document CRM-M-37967-2025 -4- week, the order passed by this Court today shall automatically stand cancelled. The petition in the aforesaid terms stand allowed. (SANDEEP MOUDGIL) JUDGE 21.07.2025 Nisha Yadav Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NISHA 2025.07.21 19:17 I attest to the accuracy and integrity of this document