CRM-M-45477-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 101 CRM-M-45477-2025 Date of Decision: 21.08.2025 Arshdeep Singh @ Laddi Mota ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Raghav Soni, Advocate for the petitioner. Mr. Akshay Kumar, A.A.G, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 101 27.06.2025 Civil Lines, District Amritsar 333, 115(2), 127(2), 304(2), 3(5) BNS, 023 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents. 3. The facts and allegations are being taken from the translated copy of FIR (Annexure P-1) which reads as follows: “To, The SHO, P.S. Civil Lines, Amritsar City. Subject:- Regarding beating by entering in the Hotel Sun Due-Sarhadi Complex. It is respectfully submitted that I, Muhesh Kumar Grover S/o Pritam Das, am Rio House No.E-41, Gali No.03, Bhalla Colony, Chheharta, Amritsar and retired from Municipal Corporation, Amritsar in the year 2022 as S.D.O. and I am running my hotel namely Sun Due-Sarhadi Complex, Near Railway Station's gate No.2. On dated 24.06.2025 at about 02:00 PM (noon), Bajri (gravel) was lying outside my hotel because construction work was running in my hotel that meanwhile two clean shaven youngmen for parking auto in the street outside my hotel started arguing with the mason working outside my hotel and I also went out and started pacifying those auto driver youngmen who were parking auto but those youngmen while arguing entered inside my hotel. I sat on the sofa lying inside my hotel. Meanwhile, one of the youngmen, snatched kahi from the labour and caught in his hand and started threatening me to hit with the kahi but was not hitting with kahi. At that time, my hotel Manager Kuldeep Kumar was also sitting on the Reception Counter. My Manager was already knowing the auto driver and his companion because usually they come to the hotel with passengers. My hotel Manager Kuldeep Kumar called them with their name and said, 1 JYOTI 2025.08.22 09:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-45477-2025 Passu, don't fight, he is owner of our hotel. Manager said, leave it and the other person whose name was Ladi Mota, he also did not mend his ways from quarreling. Both of these youngmen pushed me from Reception Counter and started beating me by taking me inside Room No.1. Passu thrown away the kahi caught in his hand and starting punching on my right eye and with the kara (iron bangle) worn in his right hand, he punched on my right eye and blood started flowing. With this, his companion Ladi Mota also started quarreling with me and he hit with some sharp item on right side of my head and took out Rs.5,000/- (notes of Rs.500/- denomination of Indian Currency) from my pocket and while going, by shouting lalkaras, they were saying that you can do whatever you may like as we are not afraid of anybody else. I was in pool of blood and reached at Police Station, from where I received docket for getting medical examination conducted and then accompanied with my sadhu (relative) Amarjit Singh and other people of my neighbourhood left from the police station to Civil Hospital, Amritsar. After getting myself medically examined, I reached at my house. Today, on dated 27.06.2025, I came present to you to Police Station. That during injury by beating me inside the hotel, stitched were put on my right eye and due to injury on right side of my head, I suffered lot of pain, I have recorded in my statement in the written complaint submitted to you. Kindly take strict legal action against the youngmen who beat me and justice be delivered to me.” 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family. 5. The petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 6. 6. The State’s counsel opposes bail on instructions. REASONING: 7. Given the nature of injury, role attributed, no ground is made out to deny bail. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage, but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-trial incarceration. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. 9. Without commenting on the case's merits, in the facts and circumstances peculiar 2 JYOTI 2025.08.22 09:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-45477-2025 to this case, and for the reasons mentioned above, the petitioner makes a case for bail. CONDITIONS: 10. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 12. This order is subject to the petitioner’s complying with the following terms. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 13. The petitioner is directed to join the investigation on 28.08.2025 and 29.08.2025 at 10:00 a.m in the concerned Police Station, thereafter, as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 14. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven 3 JYOTI 2025.08.22 09:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-45477-2025 days, providing an opportunity to avail the remedies available in law. 15. It is clarified that if the petitioner violates any bail condition, the State and/or the victim may file an application for bail cancellation before the trial court, which shall be competent to cancel the bail or add more conditions. Furthermore, if the petitioner moves for deletion or dilution of any bail conditions, the trial court is empowered to do so. 16. The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner’s behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition. 17. This bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail. 18. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Appellant-Accused can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 20. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 21.08.2025 Jyoti-II Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI 2025.08.22 09:32 I attest to the accuracy and integrity of this order/judgment.