CRM-M-44837-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 205 CRM-M-44837-2026 (O&M) Date of decision:27.08.2026 Mangu Singh ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Amandeep Singh Manaise, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. ... Manisha Batra, J. (Oral). 1. The instant petition has been filed by the petitioner seeking benefit of anticipatory bail in case arising out of FIR No.86, dated 07.04.2026, registered under Sections 118(2), 118(1) 115(2), 191(3), 190 and 61(2) of the BNS (offence under Section 109 of the BNS was added lateron), at Police Station Sadar Fazilka, District Fazilka. 2. The aforementioned FIR was registered on the basis of statement recorded by complainant – Harmesh Singh, alleging therein that he was working as a labourer at BKD brick kiln. On 05.04.2026, he saw accused Jangir Singh, Balvir Singh and Sukha Singh while roaming around the brick kiln. When he had gone to have his meals at his house and was returning back towards the brick kiln, accused Sukha Singh, Jangir Singh and Balvir Singh were found standing there and while talking with someone HARJEET KAUR 2026.08.27 15:31 I attest to the accuracy and integrity of this document CRM-M-44837-2026 (O&M) -2- on phone. In the meanwhile, 3-4 persons riding motorbikes and armed with weapons reached there. The petitioner was one amongst them. He was armed with a kapa. 7-8 unknown persons including accused Bittu were also accompanying him. The petitioner opened assault upon him by striking blows with kapa on the backside of his neck and fingers. One unknown assailant took kapa from the petitioner and struck a blow with the same on the right side of his waist. The witness Karan, who was present there rushed for his rescue but he too sustained injuries at the hands of accused Bittu. In the meanwhile, some other labourers reached there and then the assailants fled away. By alleging that the aforementioned accused, who were having previous enmity with him had got him injured through other accused, he prayed for taking action in the matter. 3. After registration of the FIR, investigation proceedings were initiated and are underway. Apprehending his arrest, he filed an application for grant of anticipatory bail, which had been dismissed by the Court of learned Sessions Judge, Fazilka vide order dated 24.07.2026. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The name of his father and place of residence as mentioned in the FIR is different than the original name of his father and address and therefore, he cannot be connected with the crime. There is delay of 02 days in lodging of the FIR which has not been satisfactorily explained. He was not present at the spot nor he is involved in the occurrence in any manner whatsoever. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, therefore, argued that the petition deserves to be HARJEET KAUR 2026.08.27 15:31 I attest to the accuracy and integrity of this document CRM-M-44837-2026 (O&M) -3- allowed. 5. Per contra, learned State counsel, while relying upon the status report has argued that the allegations against the petitioner are serious in nature. He along with co-accused has caused 03 injuries to the victim with an intent to kill him. All the injuries caused with kapa have been attributed to the petitioner. For conducting thorough and proper investigation in the matter, his custodial interrogation is required. However, he has been absconding. He is the same person, who has been named as Manga Singh in the FIR. He has further argued that he does not deserve to be extended the benefit of pre-arrest bail. 6. This Court has heard the rival submissions made by learned counsel for the parties. 7. The petitioner by forming membership of an unlawful assembly with the co-accused is alleged to have made an attempt to kill the victim by causing injuries with a kapa. Simple as well as grievous injuries have been sustained by the victim. The petitioner was specifically named in the FIR. It is a matter of investigation as to whether the name of his father and village has been wrongly mentioned in the FIR. For the purpose of conducting thorough investigation in the matter, his custodial interrogation is must. It is well settled proposition of law that powers for grant of anticipatory bail should be exercised in exceptional and extraordinary circumstances and not in routine manner. No such circumstance, however, has been made out in this case. If the petitioner is given the shield of anticipatory bail that shall leave many glaring loopholes and gaps, thereby adversely affecting the investigation. The Court is also required to see that an order of anticipatory HARJEET KAUR 2026.08.27 15:31 I attest to the accuracy and integrity of this document CRM-M-44837-2026 (O&M) -4- bail does not operate as inroad in the normal legal procedure of criminal cases by the trial Court. Accordingly, finding no compelling ground to allow the petition, the same is dismissed. 8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 9. Since the main petition has been dismissed, pending application, if any, is rendered infructuous. (MANISHA BATRA) 27.08.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.08.27 15:31 I attest to the accuracy and integrity of this document