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2025 DAILYLAW 80585 (PNJ)

ABHISHEK KUMAR v. STATE OF PUNJAB

CRM-M/38029/2025 · 2025-09-22

Sumeet Goel

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Judgment text

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CRM CRM CRM CRM----M M M M----38029 38029 38029 38029 210 210 210 210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Abhishek Kumar State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) anticipatory bail to the petitioner under Sections later on), registered at Police Station 2. 38029 38029 38029 38029----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: Abhishek Kumar versus Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Munish Puri, Advocate for the petitioner. Mr. Baljinder Singh Sra, Additional AG Punjab. Mr. Gaurav Pathania, Advocate for ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) anticipatory bail to the petitioner in case FIR No. under Sections 323, 324, 34 of the IPC, 1860 , registered at Police Station Sujanpur, District Pathankot. On 21.07.2025, the following order was passed: ““““Apprehending his arrest in FIR No.0063 dated 22.05.2024 registered for offences punishable under Sections 323, 324, 34 of IPC (Section 326 of IPC added later on) at Police Station Sujanpur, District Pathankot; the petitioner has preferred this petition und Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre Inter alia contends that the petitioner has not been attributed any grievous injury, the dispute/ fight was between real brothers which has since been resolved, & the petitioner is willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG Punjab has entered appearance on behalf of the respondent Punjab, and Mr. Gaurav Pathania, Advocate through video-conferencing, on behalf of the complainant. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----38029 38029 38029 38029----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: September 22, September 22, September 22, September 22, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL the petitioner. Mr. Baljinder Singh Sra, Additional AG Punjab. Pathania, Advocate for the complainant. Present petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of in case FIR No.0063 dated 22.05.2024, of the IPC, 1860 (Section 326 of IPC added Sujanpur, District Pathankot. he following order was passed: Apprehending his arrest in FIR No.0063 dated 22.05.2024 registered for offences punishable under Sections 323, 324, 34 of IPC (Section 326 of IPC added later on) at Police Station Sujanpur, District Pathankot; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that the petitioner has not been attributed any grievous injury, the dispute/ fight was between real brothers which has tioner is willing to join investigation and On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG Punjab has entered appearance on behalf of the respondent-State of Punjab, and Mr. Gaurav Pathania, Advocate has entered appearance, conferencing, on behalf of the complainant. ....Petitioner ....Respondent Present petition has been filed under Section 482 of the for grant of , on 326 of IPC added Apprehending his arrest in FIR No.0063 dated 22.05.2024 registered for offences punishable under Sections 323, 324, 34 of IPC (Section 326 of IPC added later on) at Police Station Sujanpur, District er Section 482 of Inter alia contends that the petitioner has not been attributed any grievous injury, the dispute/ fight was between real brothers which has tioner is willing to join investigation and On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG State of has entered appearance, MAHAVIR SINGH 2025.09.22 17:48 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----38029 38029 38029 38029----2025 2025 2025 2025 2222 Learned counsel for the complainant has ratified the aspect of the matter having been settled between the parties. Adjourned to 20.08.2025. The petitioner is directed to appear before the Investigating Officer on 28.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”””” 2.1. Thereafter, on 11.09.2025, following order was passed: ““““Learned counsel appearing for the petitioner has submitted that the petitioner was unable to join investigation earlier on account of a serious medical ailment. In the interest of justice, interim order dated 21.07.2025 is restored. The petitioner is directed to appear before the concerned Investigating Officer in the concerned police station on 13.09.2025 at 11:00 AM and join investigation, in terms of the said order. List on 22.09.2025. ”””” 3. Learned State counsel (on instructions) has stated that pursuant to the aforesaid order, the petitioner has joined investigation, and his custodial interrogation is not required. 4. Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that there are direct allegations against the petitioner, and in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that he may abscond from the process of justice and interfere in the prosecution evidence. 5. Having heard learned counsel for the parties and upon perusal of the record, and in view of the stance of the State, the interim order dated 21.07.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 6. Petition stands allowed, accordingly. 7. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be MAHAVIR SINGH 2025.09.22 17:48 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----38029 38029 38029 38029----2025 2025 2025 2025 3333 confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 8. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 9. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 10. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE September 22, September 22, September 22, September 22, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.09.22 17:48 I attest to the accuracy and authenticity of this order/ judgment