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CRM-M-43994-2025 -1- 108
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43994-2025 DECIDED ON: 21.08.2025 UDAI BHANU SINGH .....PETITIONER VERSUS STATE OF PUNJAB
.....RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Harjinder Singh , Advocate for the petitioner.
SANDEEP MOUDGIL, J (ORAL)
1. Prayer The jurisdiction of this Court has been invoked for the 2nd time under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 for the grant of Anticipatory Bail to the petitioner in case bearing An FIR No.91 Dated 05.05.2025 U/s 126(2), 118(1), 117(2), 118(2), 109, 351(2), 61(2), 190 of BNS 2023 registered at Police Station Basti Bawa Khel, Distt. Jalandhar. (Annexure P-1). 2 Contention On behalf of the petitioner
Learned counsel for the petitioner submits that an earlier petition bearing CRM-M-32761-2025 was withdrawn by the petitioner vide order dated 18.06.2025 (Annexure P-4). He further submits that the matter has now been amicably resolved between the parties based on the compromise/affidavit dated MEENU 2025.08.21 17:19 I attest to the accuracy and integrity of this document
CRM-M-43994-2025 -2- 06.08.2025 (Annexure P-2), with the intervention of respected members of the society. He undertakes on behalf of the petitioner that he is ready and willing to join the investigation. Notice of motion. On behalf of the State/complainant On the asking of Court, Mr. Jasjit Singh Rattu, DAG Punjab, accepts notice on behalf of respondent/State. He prays for the dismissal of the present petition, stating that the offence falls under Section 109 of the BNS Act, where the injury inflicted is dangerous and has resulted in a fracture of the complainant’s skull. Mr. Paras Khindri, Advocate, has put in appearance on behalf of the complainant and has filed his Power of Attorney, which is taken on record. He admits the factum of compromise/affidavit dated 06.08.2025 (Annexure P-2) and tenders no objection, in case the petitioner is admitted on anticipatory bail.
3.
Analysis This Court, while considering the prayer for anticipatory bail at this stage, notes that the complainant is not supporting the allegations made against the present petitioner, as the parties have settled their dispute on the basis of compromise/affidavit dated 06.08.2025 (Annexure P-2), therefore, custodial interrogation of the petitioner is not required. In the light of above, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time. MEENU 2025.08.21 17:19 I attest to the accuracy and integrity of this document
CRM-M-43994-2025 -3-
4. Relief:- Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, 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 a period of one week, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed.
(SANDEEP MOUDGIL) 21.08.2025
JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2025.08.21 17:19 I attest to the accuracy and integrity of this document