CRM-M-38333-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 110 CRM-M-38333-2025 Date of decision: 21.07.2025 MOHINDER SINGH ...Petitioner VERSUS STATE OF PUNJAB ...Respondent CORAM : HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Tarundeep Kumar, Advocate for the petitioner. 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 petitioner in case FIR No.44 dated 22.03.2025 under Sections 331(6), 115(2), 296, 351(2), 190 and 191(3) of BNS, registered at Police Station Dakha, Ludhiana (Rural). 2. Contentions On behalf of the petitioner Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case and there is delay of 14 days in lodging the FIR. He submits that no role has been attributed to the petitioner and he was only present on the spot carrying a Gandasa, however, he did not cause any injury to anyone. NISHA 2025.07.21 19:17 I attest to the accuracy and integrity of this document CRM-M-38333-2025 -2- Learned counsel for the petitioner undertakes that the petitioner is 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 petitioner was armed with a weapon and has actively participated in incident in question but could not explain the delay of 14 days in registering the FIR. 3. Analysis Be that as it may, after giving a thoughtful consideration to the submissions as made by the counsel for both the parties it is found that the petitioner was part of the assembly but no role has been attributed to him except of carrying a Gandasa at the spot and State has failed to make out the case against the petitioner as to why his custodial interrogation is required. Hence, this Court finds no reason to deny the petitioner the concession of anticipatory bail, wherein the petitioner has 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 petitioner is hereby directed to be released on anticipatory bail subject to him joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of NISHA 2025.07.21 19:17 I attest to the accuracy and integrity of this document CRM-M-38333-2025 -3- personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner 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 petitioner does not comply with the aforesaid direction of joining the investigation within one 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