IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 209 Date of decision : 03.09.2025 (i) CRM-M-52723-2024 Kuldeep Singh Saggu ........Petitioner versus State of Punjab and another .....Respondents (ii) CRM-M-57482-2024 Gurdeep Singh ........Petitioner versus State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Ms. Poonam Verma, Advocate for the petitioner in CRM-M-52723-2024 (through video conferencing). Mr. Gopal Singh Nahel, Advocate for the petitioner in CRM-M-57482-2024. Mr. Anup Singh, A.A.G., Punjab. Mr. M.K. Dhot, Advocate for the complainant. ***** NAMIT KUMAR, J. (ORAL) 1. This order shall dispose of both the abovesaid petitions, as the same have been arisen out of the common FIR. 2. The present petitions have been filed by the petitioner(s) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case bearing FIR No.146 dated 11.07.2024 registered under Sections 132, 221, 351(2), 121(1), 3(5) & 76 of VINOD KOTHIYAL 2025.09.03 17:06 I attest to the accuracy and authenticity of this document CRM-M-52723-2024 and 2 CRM-M-57482-2024 Bharatiya Nyaya Sanhita, 2023 (Sections 118(1) & 74 of BNS were added later on) at Police Station City Sangrur. 3. Brief facts of the case are that the complainant/Doctor Amanpreet Kaur, Medical Officer working in Gynecological Department of Civil Hospital Sangrur has made a complaint to the police alleging therein that she was posted at her present assignment in year 2008 as Medical Officer. For the last six months, she is performing her duties in Gynecology Department. On 11.06.2024, she was checking the patients in her O.P.D. Department. At about 12:15 P.M., two persons barged inside the Ward. One of them was holding a mike on which a sticker of 'Daily Fast Punjab' was affixed and other person was holding a camera in his hand and was also recording video. When she inquired from them as to who they are, why they have entered in the Gynecology Ward and as to why they are making videography as there were ladies patients present in the Ward. At this those persons replied that they are press reporters/journalists. One who was holding mike disclosed his name as Gurdeep Singh, resident of Sunam, whereas the other person holding camera disclosed his name as Kuldeep Singh, resident of Dhuri. They said that they have full right to make videography. When complainant asked them to show their identity cards to her as journalists then both of them failed to show any such identity card. Rather, they started misbehaving with her and asked her to talk to them first and to stop checking the patients. Complainant asked them first of all they should delete the video but both of them kept standing VINOD KOTHIYAL 2025.09.03 17:06 I attest to the accuracy and authenticity of this document CRM-M-52723-2024 and 3 CRM-M-57482-2024 there and kept recording the video. Both the accused persons pushed her aside and manhandled her due to which her clothes were torn. They put their hand inside her inner clothes and fiddled with her private parts and broke the hook of her bra. During this she also received multiple injuries. Thereafter, number of persons gathered there and then both the accused after giving threats to kill her fled away from the spot. On the basis of the said complaint, the instant FIR was registered. 4. Learned counsel for the petitioners submit that the petitioners are innocent and have been falsely implicated in the present case. In fact, the complainant-Dr. Amanpreet Kaur had operated one Sarabjit Kaur wife of Darshan Singh on 29.03.2023 at Civil Hospital, Sangrur but after the operation the wound of Sarabjit Kaur was not healing due to which she had taken medicines for seven months but when the situation got worse, another operation of Sarabjit Kaur was conducted by the complainant on 14.10.2023. After second operation, more pain started in the stomach of Sarabjit Kaur and she was referred to P.G.I. Chandigarh. Thereafter, she was taken to AIIMS, Bathinda, where she was operated upon and during operation, a cotton pad was found in the stomach of Sarabjit Kaur which was left by the complainant in the stomach of Sarabjit Kaur during her surgery. After sometime, Sarabjit Kaur was died due to medical negligence of the complainant. The husband of Sarabjit Kaur also moved a representation dated 05.06.2024 against the complainant before Senior Superintendent of Police, Sangrur. Learned counsel for the petitioners submit that when VINOD KOTHIYAL 2025.09.03 17:06 I attest to the accuracy and authenticity of this document CRM-M-52723-2024 and 4 CRM-M-57482-2024 petitioner-Gurdeep Singh, being a journalist, made a call to the complainant to know her version about the death of Sarabjit Kaur then she asked him to come at hospital and when the petitioners along with other press reporters went to the hospital to meet the complainant, she got outraged and had implicated the petitioners in instant FIR by making false allegations. They further submit that the videography (Annexure P-4) of the incident was also recorded in which the complainant can be seen inciting the public to get a rape case registered against the petitioners and she also thrashed the petitioners with her slippers with the help of other persons. They further submit that as per the medical report, the complainant received four injuries and all are abrasion, whereas in the video she can be seen unharmed and her clothes also are not torn. The medical report was prepared by the complainant by taking advantage of her position as Medical Officer. 5. Learned counsel for the petitioners further submit that the petitioners are behind the bars since 12.07.2024. They also submit that investigation in the present case is complete; challan stands presented; charges have been farmed and out of total 13 prosecution witnesses, none has been examined so far. The trial is likely to take a considerable time to conclude and therefore, no fruitful purpose would be served by detaining the petitioners behind the bars. 6. Per contra, learned State counsel assisted by learned counsel for the complainant, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of regular VINOD KOTHIYAL 2025.09.03 17:06 I attest to the accuracy and authenticity of this document CRM-M-52723-2024 and 5 CRM-M-57482-2024 bail to the petitioners on the ground that the allegations against the petitioners are serious in nature. The petitioners outraged the modesty of the complainant, while she was performing her duty as Medical Officer in Gynecology Department of Civil Hospital, Sangrur. However, he could not refute the factual position that out of total 13 prosecution witnesses, none has been examined so far. He also submits that no camera or video, supporting the version of the complainant, has been recovered in the instant case. He has also filed custody certificates dated 03.09.2025 in the Court which are taken on record. As per the custody certificates the petitioners are behind the bars since more than last one year. Custody certificates further show that petitioner Kuldeep Singh @ Saggu is involved in 06 other cases and petitioner-Gurdeep Singh is involved in 04 other cases. 7. Learned counsel for petitioner-Kuldeep Singh @ Saggu submits that out of 06 other cases, in 05 cases, he is on bail and in 01 case he has been acquitted whereas learned counsel for petitioner- Gurdeep Singh submits that out of 04 other cases, in 02 cases, he is on bail and in 02 cases production warrants have been issued against him. 8. I have heard learned counsel for the parties and perused the record. 9. Keeping in view the custody period of the petitioners, which is 01 year, 01 month and 21 days and the facts that investigation has been completed; challan has been presented; charges have been framed and out of total 13 prosecution witnesses, none has been VINOD KOTHIYAL 2025.09.03 17:06 I attest to the accuracy and authenticity of this document CRM-M-52723-2024 and 6 CRM-M-57482-2024 examined so far and the trial may take a considerable time to conclude, therefore, the petitioners are ordered to be released on regular bail during trial on their furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 10. The petitions stand disposed of accordingly. 11. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petitions only. 03.09.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No VINOD KOTHIYAL 2025.09.03 17:06 I attest to the accuracy and authenticity of this document