CRM-M- IN 116 Sukhvinder Vers State of Ha CORAM: Present: AARADHN 1. registered a (Sections 1 District Sir 2. noticed her regard to a Talwara K Immediatel members, Healthcare Doctor wa -14607-2026 -1 IN THE HIGH COURT OF PUNJA CHANDIGA vinder Singh Versus of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Aditya Sanghi, Advocate f Ms. Shweta Nahata, DAG, Ha Mr. Arpandeep Narula, Advoc **** ADHNA SAWHNEY, J. (Oral) Petitioner, an accused in cas tered against him under Sections 351 tions 109, 117(2) of BNS added later ict Sirsa, has filed the present petition Relevant facts as emerging fr ed hereinbelow:- On 29.9.2025, a ‘ruqa’ was to admission of Kushalpreet Singh ra Khurd, on account of having iately thereafter, police officials , who intimated that the injur care Hospital. On reaching the sai was sought for recording the s 1- PUNJAB AND HARYANA AT DIGARH CRM-M-14607-2026 Date of Decision: 17.03.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. ocate for the petitioner. G, Haryana. Advocate for complainant. in case FIR No. 329 dated 30.9.202 ns 351(3), 3(5), 126, 115, 110 of BN later on), at Police Station Ellenaba tition for grant of anticipatory bail. ging from the documents on record b was received in Police Station wi ingh, son of Trilok Singh, resident ing suffered injuries in an assau ials telephonically contacted fami injured had been admitted in Ci e said hospital, permission of treatin he statement of injured, which wa .2026 .9.2025, of BNS lenabad, cord be n with ent of ssault. family City eating h was GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- declined. O the Doctor profession, namely, Ha paternal un house from towards Ta behind whi (c) along w pointed ou Singh, resi driver side Singh, son present in other perso and Arshd Sukhvinder With a vie fields. His but no heed While furth Loverpreet baseball b resultantly him, as a almost pas witness to t on the spo Hospital, f On accoun him to a admitted to May, 2025 from Mirz -14607-2026 -2 d. On the following day, i.e. 30.9.2 ctor, statement of injured Kushal sion, was recorded, who pointed t , Harpreet Singh. At about 2.30 PM al uncle Mahender, son of Charan S from Ellenabad on motorcycle. Whe s Talwara from Moju Ki Dhani, the which hit into the motorcycle. As a ng with and his vehicle fell down o d out that Sukhvinder Singh (pres resident of VPO Talwara Khurd, side of the car whereas Arshdeep, s son of Sukhwinder, as also another t in the car, stepped out of the sam erson had iron rods in their hands, rshdeep had a baseball bat in his nder Singh (P) hit him with the rod, view to save himself from furthe His paternal uncle also requested heed was paid. Assailants followed further elaborating upon their role reet hit him on his back with stic ll bat on his arm. Sukhvinder Si ntly he fell down. Even thereafter t s a result of which he became un passed away, the assailants sped a s to the entire incident, informed the spot. Arrangements were made a al, from where he was got admitted count of his delicate medical condit a Multi Speciality Hospital, whe ed to City Healthcare Hospital. Com 025, Lovepreet and Arshdeep alon Mirzapur, had assaulted him. H 2- 0.9.2025, after seeking permission shalpreet Singh, an agriculturist b ed therein that he has one brothe 0 PM on 29.9.2025, he along with h an Singh, were returning back to the When they reached about 200 mete , they noticed a Swift car coming fro As a consequence of this collision, h n on the road. Complainant furth present petitioner), son of Amarje rd, District Sirsa, alighted from th , son of Baljinder Singh, Lovepre other unknown person, who were als same. Sukhvinder Singh (P) and th nds, Lovepreet was armed with a stic his hand. Without any provocatio rod, the blow landed on his (c’s) han rther onslaught, he ran towards th sted the assailants not to assault him wed him and soon caught hold of him roles, complainant pointed out th stick, Arshdeep hit him (c) with r Singh (P) hit him on his left ey ter the assailants continued to assau unconscious. Thinking that, he ha ed away. His paternal uncle, an ey d the family members and called the de and he was rushed to Ellenaba itted in Government Hospital, Sirs ndition, the treating Doctor referre when his family members got hi Complainant also pointed out that along with boys who purchased ha However, due to intervention ion of ist by other, ith his o their meters g from on, he urther arjeet m the epreet e also nd the a stick ation, hand. ds the lt him, f him. that ith a eye, ssault e has an eye them nabad Sirsa. ferred t him that in d hair ion of GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- respectable he and his Primarily w hold of Su caused life proceeding and cash o fallen in th vide FIR N 110 of BNS Ellenabad, Doctor, Sec grant of Sessions Ju present peti 3. is serving posted with in the prese counsel:- stands on (in short “t where both superior au forum befo -14607-2026 -3 tables of the area, the matter was co his friend Devender had had a scuf rily with this backdrop, he requeste f Sukhvinder Singh (P), Lovepreet life threatening injuries to him dings against them. Complainant further alleged sh of Rs.10,000/- to 12,000/-, wh in the fields. On the basis of said co IR No. 329 dated 30.9.2025, was reg BNS (Sections 109, 117(2) of BNS bad, District Sirsa. Subsequently, a , Section 109 of BNS was added. Apprehending his arrest, peti t of pre-arrest bail, the same was ions Judge, Sirsa, vide order dated 05 nt petition has been filed. Learned counsel for the petitio rving as Constable (Driver) in Sasha d with 10th Battalion, SSB, Srinagar (J e present case. Many fold submission Firstly, that being a serving me s on distinct statutory footing under t hort “the Act”), inasmuch as, as per e both Criminal Court and Force Cour rior authority within the force is vested before which proceedings are to be i 3- as compromised. Even on 26.9.202 scuffle with Lovepreet and Arshdee uested the police authorities to catc reet, Arshdeep and others who ha him as also to initiate appropria ged that in the incident, a gold cha , which he was carrying might hav id complaint and MLR, a formal ca registered u/s 351(3), 3(5), 126, 11 NS added later on), at Police Statio ly, after taking opinion of the treatin t, petitioner moved an application fo was dismissed by learned Addition 05.03.2026. Aggrieved of which, petitioner contends that petitioner, wh Sashastra Seema Bal (SSB), present agar (J&K), has been falsely implicate issions have been advanced by learne ing member of SSB, case of petition nder the Sashastra Seem Bal Act, 200 as per Sections 92 and 93 of the Ac e Court have jurisdiction, the compete ted with the discretion to decide th to be instituted. As also that in case th .2025, hdeep. catch o had priate chain t have l case , 115, tation eating tion for ditional , the , who resently plicated learned etitioner ct, 2007 the Act, mpetent cide the case the GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- criminal Co with in the petitioner’s would caus date has r counsel is complainan by getting t of petitione actually un made by complaint w Ellenabad f cross versi “Aggressor photograph complainan invocation learned cou sitting on w while he wa injury mark with a view incorrectly investigatio police offic -14607-2026 -4 inal Court desires to proceed with th in the manner as contemplated by S ioner’s arrest without affording him d cause prejudice to his service rights has remained unblemished. Second sel is that the local police authoriti lainant and have deliberately chosen etting the present FIR bearing No. 329 titioner, wherein he had mentioned th lly unfolded at the site, have not been by petitioner since did not yield laint was moved before the learned Su abad for getting the FIR registered. version, it is yet to be ascertained ressor”. Thirdly, learned counsel con ographs annexed with the record b lainant had suffered serious hea cation of Section 109 of BNS highly ed counsel contends that video foota g on wheel chair were captured on th e he was in the hospital. In these photo y mark can be seen on the eye/head a view to add seriousness and gravity rectly incorporated in the MLR of tigation, an application was moved b e officer to transfer the investigation o 4- ith the matter, the same is to be dea by Section 93 of the Act. Thus, th g him protection of anticipatory ba rights, reputation and career which ti econd submission raised by learne thorities are hand in gloves with th hosen to register only one sided versio o. 329 dated 30.9.2025. The complai ned the sequence of events, which ha t been taken note of. Various reques yield any positive result, a priva rned Sub Divisional Judicial Magistrat ered. Thus, it being a case of versio ained as to which of the parties is th sel contends that the video footage an cord bely the prosecution story th head/eye injuries, thus renderin highly doubtful. Elaborating furthe footage and snapshots of complaina d on the following day of the inciden e photographs and video chip, no visib /head of complainant. However, o ravity to the incident, the eye injury wa R of injured. Apprehending biase ved by petitioner requesting the senio ation of the case outside District Sirsa a be dealt us, the ory bail hich till learned ith the version mplaint ich had requests private gistrate, version/ s is the age and that ndering further, plainant ncident, visible er, only ury was biased e senior Sirsa as GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- also to get Doctors. Arshdeep, G been grant 24.2.2026 a a reason su petitioner. recovery is is ready an allowing pr 4. Ms. Shwet taken on r complainan ground tha petitioner h His plea tha be taken n Competent Further, the note of by complainan petitioner, suffered by of three Do through th -14607-2026 -5 to get injured-complainant Kushalpre ors. Towards the end, learned co deep, Gurbachan Singh and Juvenile granted the concession of regular b 2026 and 3.1.2026 (Annexures P-5 to son sufficient to extend the concess ioner. It is also the submission of lea ery is to be effected from petitioner, b dy and willing to join investigation as ing present petition has been made. Per contra, while opposing th Shweta Nahata, has placed on recor on record. Both, learned State co lainant have vehemently opposed the nd that the incident occurred long ioner has been evading his arrest and lea that his case stands on distinct stat ken note of, for till now, no informa petent Authority that they have pro , the plea of the petitioner that his v of by the Jurisdictional Police, who lainant deserves not to be taken note ioner, a Medical Board was constitute red by injured complainant Kushalpre ree Doctors (Dr. Sunil, Dr. Harjinder gh the MLR and treatment chart 5- halpreet re-examined from a Board o ed counsel contends that co-accuse enile in conflict with law, have alread ular bail vide orders dated 17.2.202 5 to P-7, respectively), which itself oncession of pre-arrest bail to prese learned counsel that even though n oner, but being a law abiding citizen, tion as and when called for. Prayer fo sing the petition, learned State couns record certain documents, which a tate counsel and learned counsel fo sed the request for grant of bail on th long ago on 29.9.2025, since the st and has not joined the investigatio ct statutory footing also deserves not nformation has been received from th ve proceeded further with the matte t his version was deliberately not take e, who were hand in gloves with th note of, for on an application given b stituted to assess the nature of injurie halpreet. Board of Doctors comprisin jinder and Dr. Amit Kumar) after goin chart of patient injured Kushalpree oard of accused already .2.2026, itself is present gh no tizen, he ayer for counsel ich are nsel for l on the ce then tigation. s not to rom the matter. ot taken ith the iven by injuries prising er going alpreet, GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- endorsed th 1, suffered of injury b further, bo photograph are yet to b be the sole the end, lea needed to r light of the has been co out a case this extra o the petition 5. documents 6. the counse Hon’ble Su dealing wi discussed. 7. including and again r to take int accused tam -14607-2026 -6 rsed the opinion given by the treating ffered on his left eye, as being ‘dange jury being delicate, it can certainly both the learned counsel conte ographs referred to by petitioner, auth et to be ascertained were captured fro e sole basis to draw adverse inferenc nd, learned counsel submit that custo ed to recover the weapon used by him of the role played by petitioner and t een consistently opined to be ‘Danger case of exceptional depravity or har ra ordinary relief of grant of pre-ar etition has been made. Heard learned counsel for th ments on record. Before expressing any opinio nsels, it would be appropriate to ble Supreme Court, wherein the fa ng with an application for grant o ssed. Hon’ble Supreme Court in ding Gurbaksh Singh v. State of Pun gain reiterated that while considering ke into consideration the facts like sed tampering with the evidence and 6- eating Doctors with regard to injury N ‘dangerous to life’. Moreover, the se tainly not be self inflicted. Continuin contend that video footage and th r, authenticity of genuineness of whic red from a particular angle. This cann ference against complainant. Toward ustodial interrogation of petitioner y him in the commission of offence. I and the injury attributed to him whic angerous to life’, he has failed to mak or hardship in his favour entitling hi arrest bail. Prayer for dismissal o for the parties and have perused th opinion on submissions raised by bo iate to refer to certain judgments o the factors to be kept in mind whi rant of anticipatory bail, have bee rt in plethora of judicial preceden Punjab, AIR 1980 SC 1632, has tim dering the anticipatory bail the Court s like gravity of offence, chances o e and probabilities of his fleeing fro jury No. the seat ntinuing and the which s cannot owards tioner is ence. In which to make ing him issal of sed the by both ents of d while e been cedents has time Court is nces of ng from GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- justice etc. the society which shou Directorate The State Supreme C ought not t -14607-2026 -7 e etc. Court should be circumspect a ociety as well. The anticipatory ba h should be exercised in the extraordin Hon’ble the Supreme Cou orate of Enforcement, (2020) 13 SC “67. Ordinarily, arrest is investigation to secure not onl several other purposes. Power is an extraordinary power an sparingly. The privilege of the only in exceptional cases. T upon the court has to be prope mind as to the nature and gra of applicant fleeing justice an it is a fit case for grant anticipatory bail to some ex investigation of an offence circumspect while exercisin anticipatory bail. Anticipator matter of rule and it has to b convinced that exceptional cir extraordinary remedy.” In Nikita Jagganath Shetty @ tate of Maharashtra and another, eme Court held that “Anticipatory ba not to be granted in a routine manne 7- pect about the impact of its decision o ory bail is an extraordinary discretio aordinary circumstances. Court in “P. Chidambaram v 3 SCC 791), has observed as under: is a part of procedure of th t only the presence of the accused b ower under Section 438 Cr.P.C 197 r and the same has to be exercise f the pre-arrest bail should be grante s. The judicial discretion conferre roperly exercised after application gravity of the accusation; possibili e and other factors to decide wheth ant of anticipatory bail. Grant e extent interferes in the sphere nce and hence, the court must b cising such power for grant atory bail is not to be granted as to be granted only when the court l circumstances exist to resort to th etty @ Nikita Vishwajeet Jadhav v her, 2025 AIR SC 3375, the Hon’b ry bail is an exceptional remedy an nner.” ision on scretion m vs. der:- f the ed but 1973 rcised ranted ferred tion of ibility hether nt of ere of st be nt of as a ourt is to that av vs. Hon’ble y and GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- 8. petitioner i As per com in a Swift C as a conseq car and be Sensing tro fields, whe caught hol complainan brutally as complainan member of joined the statutory fo half month Competent request of matter. Fu constituted Kushalpree Exp), Dr. H through the endorsed th on the left -14607-2026 -8 The factual backdrop of the ioner in the entire incident has been h er complainant, at the relevant time, p Swift Car and had hit into motorcycle consequence thereof fell down, when nd being armed with an ‘Iron Rod’ ing trouble and to save his life, com when assailants including petitione ht hold of him and unleashed an lainant with the rod, the blow lande lly assaulted. Seeing the magnanim lainant was referred to a Multi Specia The incident occurred on 2 ber of Disciplinary Force, has been d the investigation. Plea of petitione tory footing has not found favour with months after the incident), there is no petent Authority had proceeded furthe est of petitioner that SIT was constitu Further, on an application given b tituted to assess the nature of injuries alpreet. Board of Doctors comprising Dr. Harjinder (G. Surgeon) and Dr. gh the MLR and entire treatment cha rsed the opinion given by the earlier D e left eye as ‘Dangerous to life’. As 8- f the case and the role played by th een highlighted in para 2 of this orde ime, petitioner and his accomplice we rcycle of complainant from behind, wh en suddenly petitioner alighted fro Rod’ hit complainant on his (c) han e, complainant started running toward titioner who were following him, soo ed an attack. Petitioner again h landed on his (c’s) left eye. He wa nanimity of injuries suffered by him Speciality Hospital. on 29.9.2025, since then petitione been evading his arrest and has n titioner that his case stands on distin ur with this Court, for till date (five an e is nothing on record to conclude th further with the matter. It was on th onstituted, which also enquired into th iven by petitioner, Medical Board wa njuries suffered by injured complaina prising of three Doctors (Dr. Sunil (Fo Dr. Amit Kumar (RMO) after goin nt chart of patient injured Kushalpree rlier Doctors with regard to injury No. e’. As has been rightly pointed out b by the is order. were nd, who ed from c) hand. towards m, soon ain hit was by him, titioner, has not distinct five and ude that s on the into the ard was plainant (For oing alpreet, ry No. 1 out by GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRM-M- learned Sta self inflicte contend tha authenticity of the inju Doctors si incorrect op the weapon petitioner a attributed t or hardship pre-arrest b was expect his own han 9. 17.03.2026 gbs -14607-2026 -9 State counsel that the seat of injur nflicted. Learned State counsel as also nd that video footage and the photo nticity of which is yet to be ascertaine e injured. That apart, it cannot be p ors sided with the complainant in rect opinion. Custodial interrogation o eapon used in the commission of offe ioner and the fact that the injury o uted to him, he has failed to make ou rdship in his favour entitling him this rrest bail. Further, being a Member expected legally and morally to act re wn hands. The petition being devoid of a .2026 Whether Speaking/reasoned Whether Reportable 9- f injury rules out possibility of it bein as also learned counsel for complaina photographs referred to by petitione ertained are captured from the right sid t be presumed that even the Board o nt injured and deliberately gave a ation of petitioner is needed to recov of offence. In light of the role played b jury opined as ‘dangerous to life’ ake out a case of exceptional depravi im this extra ordinary relief of grant o ember of Disciplined Force, petition act responsibly and not to take law id of any merit is hereby dismissed. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No it being plainant titioner, ght side oard of ave an recover ayed by life’ is epravity grant of etitioner e law in NEY) GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document