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High Court of Punjab and Haryana · body

2025 DAILYLAW 86115 (PNJ)

GURJEET SINGH v. STATE OF PUNJAB

CRM-M/41734/2025 · 2025-08-04

Sandeep Moudgil

Transfer Petitionbody2025

Judgment text

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CRM-M-41734-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 103 CRM-M-41734-2025 (O&M) DATE OF DECISION: 04.08.2025 GURJEET SINGH ...PETITIONER Versus STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr.Adarshdeep Singh, Advocate for the petitioner(s). Mr. TPS Walia, AAG, Punjab. *** SANDEEP MOUDGIL, J (ORAL) 1. Prayer This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail in FIR No. 81 dated 20.04.2025 registered under Sections 110, 333, 115(2), 324(4), 351(2), 191(3), 190 of BNS, 2023 and Section 238 of BNS, 2023 was added later on at P.S. Sadar Faridkot, District Faridkot. 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 it is a case of version and cross version. He further submits that as per the FIR the petitioner was allegedly armed with gandassi but no specific injury or Anuradha 2025.08.04 06:14 I agree to specified portions of this document CRM-M-41734-2025 2 role is attributed to the petitioners. It is case set up by learned counsel for the petitioner that the only injury attributed to the complainant has been assigned to co-accused Jagmeet Singh @ Jagga. He asserts that there is a delay of 24 hours in lodging the FIR. The attention of this Court has been drawn to the orders dated 20.05.2025 (Annexure P-2) passed in CRM-M-27841-2025, 23.05.2025 (Annexure P-3) passed in CRM-M-29050-2025, 28.05.2025 (Annexure P-4) passed in CRM-M- 30278-2025 vide which similarly situated co-accused persons have already been granted the concession of interim bail. He undertakes on behalf of the petitioners that he is ready and willing to join the investigation. Notice of motion. On behalf of the State Learned State Counsel appearing on advance notice accepts the notice and on instructions from Investigating officer submits that no specific role or injury has been attributed to the petitioners, however submits that the petitioner along with other co- accused persons trespassed the residence of the complainant, caused damage to his property and assaulted him. 3. Analysis Be that as it may, after giving a thoughtful consideration to the submissions as made, by the counsel for both the parties to the effect that no specific role has been attributed to the petitioner, co-accused persons as mentioned above have already been granted concession of interim bail, it is a case of version and cross version, the only injury inflicted upon the complainant has been attributed to the co-accused Anuradha 2025.08.04 06:14 I agree to specified portions of this document CRM-M-41734-2025 3 Jagmeet Singh @ Jagga, 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 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.’ Anuradha 2025.08.04 06:14 I agree to specified portions of this document CRM-M-41734-2025 4 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 04.08.2025 anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.08.04 06:14 I agree to specified portions of this document