CRM-M-48453-2026 1 (111) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48453-2026 Date of Decision: 27.08.2026 RAJBIR SINGH @ DIMPLE ...Petitioner Vs. STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. G.S. Bawa, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. AG, Punjab. VIRINDER AGGARWAL , J. (Oral) 1. The present petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 438 Cr.P.C. has been filed for grant of anticipatory bail to the petitioner in FIR No. 95 dated 13.05.2026, registered under Sections 109, 323, 191(3) and 190 BNS, 2023 (corresponding to Sections 307, 323, 148 and 149 IPC, 1860) and Section 25 of the Arms Act, 1959, at Police Station Dera Baba Nanak, Police District Batala, District Gurdaspur. The petitioner has also prayed for grant of ad-interim anticipatory bail during the pendency of the present petition. 2. As per the prosecution case, the FIR was registered on the statement of complainant Gurpreet Singh, resident of Dharmkot Pattan. The complainant stated that he was engaged in extracting sand from the Ravi River with his tractor and selling the same. On 12.05.2026 at about 10:00 p.m., while he was present at his house along with his brother Harpreet Singh, he heard someone calling him from outside the gate and asking him to come out to talk about some matter. Accordingly, when the complainant opened the gate and came outside, he allegedly found Rajbir Singh @ Dimple, armed with a pistol, along with Nishan Singh @ Bittu, Kuldeep Singh @ Gaja, Sandeep KUMUD VERMA 2026.08.31 17:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-48453-2026 2 Singh @ Soni and Gurpreet Singh @ Nikka, who were allegedly armed with sticks and a datar, respectively, besides two unidentified persons. It is alleged that a conversation regarding excavation of sand initially took place between the parties. The prosecution alleges that during the conversation, Rajbir Singh @ Dimple, in anger, allegedly fired shots directly towards the complainant with his pistol with an intention to kill him. According to the complainant, one of the shots passed close to his left ear, whereafter he ran away and raised an alarm. It is further alleged that all the accused persons abused and threatened the complainant and thereafter fled from the spot along with their respective weapons. The complainant was thereafter taken by his brother Harpreet Singh to Civil Hospital, Dera Baba Nanak, where he was medically examined. As per MLR No.14/KD/CHDBN/2026 dated 13.05.2026, the complainant was found to have suffered two injuries, one of which was kept under X-ray examination and the other was opined to be simple in nature. The complainant further attributed the motive for the occurrence to the dispute between the parties concerning extraction and sale of sand from the Ravi River, alleging that Rajbir Singh @ Dimple was harbouring a grudge against him and was creating obstruction in his work. On the basis of the statement of the complainant and the medical evidence, the present FIR was registered. 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case as a result of the dispute between the parties regarding illegal mining. It is submitted that it was, in fact, the complainant who was indulging in illegal mining and the petitioner had objected to and attempted to prevent the complainant from carrying out such activity. On account of the said objection, the complainant, with a view to KUMUD VERMA 2026.08.31 17:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-48453-2026 3 pressurize and harass the petitioner, has planted the present false case by giving an exaggerated version of the occurrence. Learned counsel further submits that the allegations in the FIR do not attribute any specific physical injury to the complainant. However, subsequently, in the medical examination/MLR, two injuries were found on the person of the complainant, which, according to learned counsel, amounts to a material improvement in the prosecution version and creates serious doubt regarding the actual manner of occurrence and the role attributed to the petitioner. 3.1 It is further contended that the specific allegation of firing with a pistol is against co-accused Rajbir Singh @ Dimple, whereas no such specific allegation is attributed to the present petitioner. The petitioner has not been alleged to have fired any shot or caused any firearm injury to the complainant. Learned counsel further relies upon the affidavit furnished by the Sarpanch of the concerned village, who, being an independent and respectable person having knowledge of the dispute between the parties, has supported the petitioner's version regarding the underlying dispute and the circumstances leading to registration of the FIR. It is submitted that the said affidavit lends prima facie support to the plea of false implication. 3.2 Learned counsel also submits that the co-accused persons have already been granted the concession of anticipatory bail by the learned Additional Sessions Judge, Gurdaspur, and the petitioner is entitled to the benefit of parity. It is argued that the petitioner has clean antecedents, is not involved in any other criminal case and is ready to join the investigation and cooperate with the Investigating Officer as and when required. Accordingly, KUMUD VERMA 2026.08.31 17:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-48453-2026 4 learned counsel prays that the petitioner be extended the concession of anticipatory bail. 4. Notice of motion. 5. Mr. Baljinder Singh Sra, Addl. AG, Punjab, having served with an advance copy, appeared on behalf of respondent-State and opposes the grant of anticipatory bail to the petitioner. 6. This Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail at this stage. The allegations against the petitioner are serious in nature, inasmuch as he is specifically alleged to have fired shots towards the complainant, with one of the shots passing close to the left ear of the complainant. The allegation, therefore, cannot be brushed aside merely on the ground that no firearm injury was ultimately suffered by the complainant. 6.1 It is also borne out from the investigation that three empty cartridges have been recovered from the place of occurrence. Significantly, the firearm allegedly used in the commission of the offence is yet to be recovered from the petitioner. Thus, the custodial interrogation of the petitioner is considered necessary for the purpose of effecting recovery of the weapon of offence and for further investigation into the circumstances surrounding the occurrence. Grant of anticipatory bail at this stage may prejudice the investigation and hamper the recovery of the firearm. 6.2 As regards the affidavit furnished by the Sarpanch relied upon by learned counsel for the petitioner to contend that he has been falsely implicated, the same raises a defence which would require appreciation of evidence. Similarly, the contention regarding the alleged subsequent KUMUD VERMA 2026.08.31 17:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-48453-2026 5 improvement in the statement of the complainant, particularly with regard to the injuries noticed in the MLR, is a matter which can appropriately be examined during the course of trial after the evidence is led. 6.3 The fact that certain co-accused have been granted anticipatory bail, by itself, does not entitle the petitioner to the same relief, particularly when a specific allegation of firing is attributed to him and the weapon of offence is yet to be recovered. 7. Consequently, keeping in view the nature and gravity of the allegations, the stage of investigation and the necessity of custodial interrogation for recovery of the weapon of offence, no ground for grant of anticipatory bail is made out. Accordingly, the present petition is dismissed. (VIRINDER AGGARWAL) JUDGE 27.08.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.08.31 17:40 I attest to the accuracy and integrity of this document Chandigarh