CRM CRM CRM CRM----M M M M----38790 38790 38790 38790 214 214 214 214 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 Sukhdeep Singh State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of 14.06.2025, under Section Sections 307, 323, 34 of District Moga. 2. 38790 38790 38790 38790----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: Sukhdeep Singh versus State of 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. Balbir Kumar Saini, Advocate Mr. Jaypreet Singh, DAG Punjab. Mr. Arshdeep Singh Brar, Advocate for the complainant. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case FIR No. , under Sections 109, 115(2), 3(5) of the BNS, 2023 (Old Sections 307, 323, 34 of the IPC), registered at Police Station District Moga. On 22.07.2025, the following order was passed: “Apprehending his arrest in FIR No.134 dated 14.06.2025 registered for offences punishable under Sections 109, 115(2), 3(5) of BNS 2023 (Old Sections 307, 323, 34 of IPC) at Police Station Dharmkot, District Moga; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Counsel for the petitioner, inter alia has been attributed the role of Lalkara injury under Section 109 of BNS (earlier Section 307 IPC) has been attributed stands arrested & the petitioner is willing to join investigation and cooperate therein. Notice of motion. 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----38790 38790 38790 38790----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 20 August 20 August 20 August 20,,,, 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 Advocate for the petitioner. Mr. Jaypreet Singh, DAG Punjab. , Advocate for the complainant. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.134 dated 109, 115(2), 3(5) of the BNS, 2023 (Old registered at Police Station Dharmkot, the following order was passed: Apprehending his arrest in FIR No.134 dated 14.06.2025 offences punishable under Sections 109, 115(2), 3(5) of 2023 (Old Sections 307, 323, 34 of IPC) at Police Station Dharmkot, Moga; the petitioner has preferred this petition under Section 482 Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. inter alia, contends that the petitioner Lalkara only, the co-accused to whom the under Section 109 of BNS (earlier Section 307 IPC) has been the petitioner is willing to join investigation 1111 ....Petitioner ....Respondent of the for grant of dated 109, 115(2), 3(5) of the BNS, 2023 (Old Dharmkot, Apprehending his arrest in FIR No.134 dated 14.06.2025 offences punishable under Sections 109, 115(2), 3(5) of 2023 (Old Sections 307, 323, 34 of IPC) at Police Station Dharmkot, Moga; the petitioner has preferred this petition under Section 482 , contends that the petitioner accused to whom the under Section 109 of BNS (earlier Section 307 IPC) has been the petitioner is willing to join investigation MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----38790 38790 38790 38790 3. to the order dated and his custodial interrogation is not required 4. grant of anticipatory bail to the petitioner. Learned counsel has argued that the allegations leveled against the petitioner are serious in nature. He has iterated that in case, the petitioner is e bail, there is all likelihood that the petitioner may trial and also 5. and the stance of the State investigation and dated 22.07.2025 under Section 6. 7. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned other incident that involves commission of an offence. 38790 38790 38790 38790----2025 2025 2025 2025 On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent Punjab. Adjourned to 20.08.2025. The petitioner is directed to appear before the Investigating Officer on 29.07.2025 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 per satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, investigation. He shall abide by the condition(s) 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Learned State counsel (on instructions) has stated that pursuant to the order dated 22.07.2025, the petitioner has and his custodial interrogation is not required Learned counsel for the complainant has vehemently opposed grant of anticipatory bail to the petitioner. Learned counsel has argued that the allegations leveled against the petitioner are serious in nature. He has that in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that the petitioner may also interfere in the investigation and intimidate the witnesses Keeping in view the entirety of the factual milieu of the and the stance of the State; especially, the petitioner having joined investigation and not required for custodial interrogation, .07.2025 is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. Petition stands allowed, accordingly. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in re other incident that involves commission of an offence. 2222 On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent-State of The petitioner is directed to appear before the Investigating Officer in concerned Police Station and join event of arrest, the petitioner shall be released on furnishing personal/surety bond(s) to the 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 Bharatiya Nagarik Suraksha Sanhita, 2023.” Learned State counsel (on instructions) has stated that pursuant , the petitioner has indeed joined investigation, and his custodial interrogation is not required. Learned counsel for the complainant has vehemently opposed grant of anticipatory bail to the petitioner. Learned counsel has argued that the allegations leveled against the petitioner are serious in nature. He has xtended the concession of anticipatory bail, there is all likelihood that the petitioner may flee from the process of and intimidate the witnesses. Keeping in view the entirety of the factual milieu of the case ; especially, the petitioner having joined custodial interrogation, the interim order is made absolute, subject to the conditions as enumerated Petition stands allowed, accordingly. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any other incident that involves commission of an offence. 2222 On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, State of The petitioner is directed to appear before the Investigating Officer in concerned Police Station and join event of arrest, the petitioner shall be released on sonal/surety bond(s) to the Officer/Investigating Officer. As and when the petitioner shall join the enumerated under Section Learned State counsel (on instructions) has stated that pursuant joined investigation, Learned counsel for the complainant has vehemently opposed grant of anticipatory bail to the petitioner. Learned counsel has argued that the allegations leveled against the petitioner are serious in nature. He has xtended the concession of anticipatory process of case ; especially, the petitioner having joined the interim order is made absolute, subject to the conditions as enumerated This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be spect of any MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----38790 38790 38790 38790 8. cancellation/recall of this order in case the petitioner violates any condition stipulated under Section sufficient cause. 9. be construed to be an opinion on the merits of the case. 10. August 20 August 20 August 20 August 20,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Whether reportable: 38790 38790 38790 38790----2025 2025 2025 2025 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 sufficient cause. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. 2025 2025 2025 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3333 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition 482(2) of BNSS or upon showing any other Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE 3333 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.20 16:11 I attest to the accuracy and authenticity of this order/ judgment