CRM-M-33684-2026 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33684-2026 Date of decision: 12.06.2026 Captain Singh and another ...Pe oners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. L.M. Gula', Advocate (Through VC) for the pe''oner. **** DEEPAK GUPTA, J. (ORAL) By way of the present pe''on filed under Sec'on 482 of the Bhara'ya Nagarik Suraksha Sanhita, 2023, the pe''oners seek the concession of an'cipatory bail in case FIR No.104 dated 21.05.2026 registered under Sec'ons 115(2), 118, 118(2), 191(3) and 190 of the Bhara'ya Nyaya Sanhita, 2023 at Police Sta'on Cha'wind, District Amritsar. 2. Learned counsel for the pe''oners submits that the pe''oners have been falsely implicated in the present case. It is contended that there is an unexplained delay of about eight days in lodging the FIR. Learned counsel further submits that one Gurjant Singh, belonging to the accused party, had also sustained injuries in the occurrence, which circumstance has not been properly explained by the prosecu'on. It is argued that no injury has been a=ributed to pe''oner No.1-Captain Singh, who is alleged only to have YOGESH MEHTA 2026.06.15 16:23 I attest to the accuracy and integrity of this document CRM-M-33684-2026 [2] raised a lalkara, whereas pe''oner No.2-Amrik Singh is stated to be empty- handed and no overt act has been a=ributed to him except that he allegedly caught hold of the complainant. It is further submi=ed that the pe''oners are ready and willing to join the inves'ga'on and cooperate with the inves'ga'ng agency. On the strength of these submissions, prayer has been made for grant of an'cipatory bail. 3. Opposing the pe''on, learned State counsel submits that the pe''oners have been specifically named in the FIR and assigned ac've roles in the occurrence. It is argued that the allega'ons disclose a premeditated a=ack upon the complainant by a group of assailants armed with deadly weapons, resul'ng in grievous injuries including amputa'on of two fingers of the complainant's le@ hand. Learned State counsel contends that the offence was allegedly commi=ed to in'midate and retaliate against the complainant for having ins'tuted and pursued an earlier criminal case against the accused persons. Considering the nature of allega'ons, the gravity of injuries and the specific par'cipa'on a=ributed to the pe''oners, it is submi=ed that 4. I have heard learned counsel for the pe''oners and perused the paper-book. 5. A perusal of the FIR reveals that the pe''oners have been specifically named and assigned dis'nct roles in the occurrence. As per the allega'ons, pe''oner No.1-Captain Singh was armed with a dang and raised a lalkara exhor'ng the other accused to teach a lesson to the complainant YOGESH MEHTA 2026.06.15 16:23 I attest to the accuracy and integrity of this document CRM-M-33684-2026 [3] for having deposed against them in an earlier criminal case. Pe''oner No.2- Amrik Singh, though stated to be empty-handed, is specifically alleged to have, along with co-accused Balwinder Singh, caught hold of the complainant, forcibly pulled him out of the vehicle and thereby facilitated the assault by the remaining assailants. 6. The submission that pe''oner No.1 merely raised a lalkara and that pe''oner No.2 did not inflict any injury does not persuade this Court to extend the extraordinary concession of an'cipatory bail. At the stage of considera'on of pre-arrest bail, the Court is not expected to me'culously evaluate the evidence or examine the exact extent of par'cipa'on of each accused. The allega'ons are required to be seen as a whole. The FIR prima facie discloses that the accused persons had acted in concert and formed an unlawful assembly with a common object to a=ack the complainant. The role a=ributed to pe''oner No.2 in restraining the complainant and facilita'ng the a=ack is not insignificant. Likewise, the exhorta'on allegedly given by pe''oner No.1 immediately preceding the assault cons'tutes an ac've par'cipa'on in the commission of the offence. 7. The nature and gravity of the allega'ons also weigh against the pe''oners. The complainant is stated to have suffered grievous injuries, including amputa'on of the li=le and ring fingers of his le@ hand on account of a kirpan blow. The occurrence is alleged to have been mo'vated by a desire to in'midate and retaliate against the complainant for having YOGESH MEHTA 2026.06.15 16:23 I attest to the accuracy and integrity of this document CRM-M-33684-2026 [4] ins'tuted and pursued an earlier criminal case against the accused persons and for deposing therein. Such allega'ons, if true, strike at the administra'on of criminal jus'ce and cannot be viewed lightly. 8. The conten'on regarding delay in lodging the FIR and the injuries allegedly sustained by one of the members of the accused party are ma=ers which cons'tute part of the defence of the pe''oners and would be examined during inves'ga'on and, if necessary, at trial. At this stage, these circumstances are not sufficient to dilute the specific and direct allega'ons levelled against the pe''oners, par'cularly when the occurrence involves a brutal assault resul'ng in serious bodily injuries. 9. Having regard to the specific roles a=ributed to the pe''oners, the seriousness of the allega'ons, the nature of injuries suffered by the complainant, and the apparent mo've behind the occurrence, this Court is of the considered view that the pe''oners do not deserve the discre'onary relief of an'cipatory bail. No excep'onal circumstance has been shown warran'ng exercise of jurisdic'on under Sec'on 482 of the BNSS for grant of pre-arrest protec'on. 10. Consequently, finding no merit in the present pe''on, the same is hereby dismissed. 12.06.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.06.15 16:23 I attest to the accuracy and integrity of this document