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2026 DAILYLAW 38523 (PNJ)

HARSHIT KUMAR @ HARSH v. STATE OF PUNJAB

CRM-M/45716/2026 · 2026-09-10

Vikram Aggarwal

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CRM-M-45716-2026 Date of Decision: 10.09.2026 Harshit Kumar @ Harsh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present:- Mr. K.S. Lakhan, Advocate, for the petitioner. Mr. Rahul Jindal, AAG, Punjab. ***** VIKRAM AGGARWAL , J. (Oral) The prayer in the present petition preferred by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of anticipatory bail in case FIR No.122, dated 28.06.2026, registered at Police Station Mehtiana, District Hoshiarpur, under Sections 115(2), 118(1), 191(3), 190 of BNS, 2023 (offence under Section 118(2) of BNS, 2023 added later on). 2. On 17.08.2026, the following order was passed by this Court:- “Prayer in the present petition preferred by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”) is for the grant of anticipatory bail in case FIR No.122, dated 28.06.2026, under Sections 115(2), 118(1), 191(3), 190 of BNS, 2023 (offence under Section 118(2) of BNS, 2023 added later on) registered at Police Station Mehtiana, District Hoshiarpur. On the statement of one Manpreet Singh, the FIR in question was registered, the translated version of which (as given in Annexure P-1) is as under:- NISHA 2026.09.11 18.32 I attest to the accuracy and integrity of this document CRM-M-45716-2026 (2) "Statement of Manpreet Singh son of Tarlok Singh resident of village Arihana Khurd, police station Mehtiana, district Hoshiarpur, aged around 21 years, mobile number 8284095436. Stated that I am a resident of the above address and after my 10+2, I have been running a tyre shop with my father at Adda Mehtiana. On 20.06.2026, at around 06.30 PM, I had come home from the shop, taken a bath and gone to village Arihana Kalan to play football. When I started to put on my playing kit, Gaganpreet Singh son of Gurdial Singh, Jobanpreet Singh son of Gurdial Singh with a kirpan, Gobinda son of Bhag Singh with an iron khanda, Harsh son of Bhupinder Singh alias Bhinda, resident of village Arihana Khurd police station Mehtiana, district Hoshiarpur, with a wodden waja and two unknown young persons came and on reaching, Gaganpreet Singh first attacked me with the kirpan in his hand, I put my left arm in front, the blow hit my left arm. Then Gobinda gave me the second blow, with the iron khanda in his hand, on my right leg near the knee. The third blow was given by Jobanpreet Singh with the kirpan in his hand and I for saving myself put my right hand in front, the blow hit the middle-finger-of my right hand, which got removed. Then the fourth blow was given by Gaganpreet Singh with the Kirpan in his hand, and for protecting myself I raised my right hand, the blow hit the ring finger of my right hand. Then fifth blow was given by Harsh with the NISHA 2026.09.11 18.32 I attest to the accuracy and integrity of this document CRM-M-45716-2026 (3) wanjan in his hand, which hit my head near my left ear. Then I fell down, two unknown persons kicked me in the back, I raised alarm of killed me, killed me, then people gathered, and when the people gathered, all the assailants ran away from the spot along with their weapons. Then when my father came to know, he got me admitted me in Civil Hospital, Hoshiarpur for treatment. The reason for the grudge is that I have kept chickens as a hobby, they used to ask for chickens from me, which I refused to give." Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the petitioner is a juvenile and there is an unexplained delay of 08 days in lodging the FIR. While referring to the police proceedings, learned counsel has pointed out that though the incident allegedly took place on 20.06.2026, information was given in the Police Station on 22.06.2026 and when the police officer went to record the statement of the complainant, he did not give a statement despite the fact that he was fit to give a statement. Learned counsel submits that it is, therefore, clear that after due deliberation, the FIR was got registered and apart from others, the petitioner and two other co- accused namely Gaganpreet Singh and Jobanpreet Singh were implicated. He submits that, in fact, it is a case of version and cross-version. He submits that co- accused namely Gaganpreet Singh has already been granted the concession of interim anticipatory bail by this Court vide order dated 14.08.2026 passed in CRM-M-45402 of 2026. He submits that the antecedents of the petitioner are clean and the NISHA 2026.09.11 18.32 I attest to the accuracy and integrity of this document CRM-M-45716-2026 (4) petitioner is willing to join investigation and abide by any condition imposed by the Court. Notice of motion. Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of the respondent-State. List on 10.09.2026. In the meantime, the petitioner is directed to join investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of the Arresting/Investigating Officer, subject to compliance of the provisions of Section 482(2) of the BNSS.” 3. Learned counsel for the petitioner submits that in compliance with the aforesaid order, the petitioner has duly joined the investigation. 4. Learned State counsel, on instructions from ASI Paramjit Singh Jalandhar Rural, P.S. Sadar Nakodar, District- Jalandhar Rural, who is present in Court, submits that in compliance with the order dated 17.08.2026, the petitioner has duly joined the investigation and his custodial interrogation is not required. 5. In view of the above, the present petition is allowed. The order dated 17.08.2026 passed by this Court is made absolute, subject to compliance of the provisions as envisaged under Section 482(2) BNSS. ( VIKRAM AGGARWAL ) September 10, 2026 JUDGE nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No NISHA 2026.09.11 18.32 I attest to the accuracy and integrity of this document