CRM-M- IN 112 Khem Raj @ Vers State of Pun CORAM: Present: AARADHN 1. 04.01.2026 190 of BNS Narot Jaim grant of ant 2. noticed her Jhela Amad motion by elder son K -7635-2026 -1 IN THE HIGH COURT OF PUNJA CHANDIGA Raj @ Monu Versus of Punjab AM: HON’BLE MS. JUSTICE AA Mr. Aditya Pratap Singh, Advo Mr. Kamalpreet Bawa, DAG, P Mr. Vishal Munjal, Advocate f **** ADHNA SAWHNEY, J. (Oral) Petitioner, who is an accuse .2026, registered against him under of BNS (Sections 61(2), 238 of BNS t Jaimal Singh, District Pathankot, h t of anticipatory bail. Relevant facts as emerging fr ed hereinbelow:- Balwinder Kumar, son of D mada Gurdaspur, an Labourer by p by filing a complaint pointing there on Kushal Kumar, aged 24 years ha 1- PUNJAB AND HARYANA AT DIGARH CRM-M-7635-2026 Date of Decision: 19.03.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. , Advocate for the petitioner. AG, Punjab. ocate for complainant. accused in case FIR No. 0002 date under Sections 103(1), 127(2), 191(3 BNS added later on), at Police Statio , has filed the present petition fo ging from the documents on record b f Diwan Chand, resident of villag by profession, set the criminal law therein that he has two children. H s has studied till 10th standard and h .2026 2 dated 191(3), Station tion for cord be illage law in . His nd his GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document CRM-M- daughter V Balram Ku had been Kumar, for girl with a issue, but h alliance. 3.1.2026, K going to th Singh intim Sarpanch o locked by further tim saw Raj Ku sticks, Rah of Diwan C his son Kus Complaina mentioned from the sp ambulance first aid wa referred to Pathankot, Amritsar. -7635-2026 -2 ter Vanshika Devi is younger to K Kumar. Complainant further point en emotionally attached to a girl , for the last four years. He (c) had th a view to seek approval of her par but her father Raj Kumar and family Despite their objection, the bo 26, Kushal Kumar left the house tell to the fields. At about 2.30 PM, Sarp intimated him (c) that he (Swaran Si ch of village Kohlian, who intimat by the family of Raj Kumar in th time, he reached the house of Raj aj Kumar, Aman, Raghu, son of Jog Rahul Kumar, son of Praveen Kuma an Chand and Veer @ Sorav, all a Kushal. He saw the aforementione ainant also highlighted the role ned persons. When he raised hue a e spot along with their respective w ance arrived, the injured was rushe d was provided and on seeing his d d to Civil Hospital, Pathankot. kot, further referred the injured ar. However, he got Kushal Kumar 2- to Kushal Kumar and is married pointed out that his son Kushal Kuma girl named Sakshi, daughter of R ) had himself gone to the house of th r parents and had discussed the enti mily members were not ready for th e boy continued meeting the girl. O telling the family members that he Sarpanch of their village Shri Swara n Singh) had received a call from th timated that Kushal Kumar has bee n their house. Without wasting an Raj Kumar on motorcycle, where h f Joginder Pal, who were armed wi umar, Monu (present petitioner), so all armed with sticks had surrounde ioned persons beating Kushal Kuma role played by each of the abov ue and cry, the assailants ran awa ve weapons. Someone called 108. A ushed to Civil Hospital, Narot, whe is delicate medical condition, he wa . The Doctors at Civil Hospita red to Guru Nanak Dev Hospita mar admitted to Amandeep Hospita ied to umar of Raj of the entire or this l. On t he is waran m the s been g any ere he d with , son unded umar. above away 8. An where e was spital, spital, ital, GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document CRM-M- Pathankot, he request involved in proceeding formal case 127(2), 191 Police Stat Aman Kum was got con statement, cited as co offence u/s grant of pr Additional Aggrieved 3. is not relate case. Ther counsel fur apparent fro the only persons, co version tha -7635-2026 -3 kot, where unfortunately the boy die uested the police authorities to ca d in the tragic death of his young s dings against them. On the basis case vide FIR No. 0002 dated 04.01 , 191(3), 190 of BNS (Sections 61(2 Station Narot Jaimal Singh, District Investigations were set into m n Kumar, Rahul and a juvenile were ar got conducted. On 8.1.2026, Balwinder Ku ment, upon which Sahil Kumar, Jatin as co-accused vide DDR No.25 da ce u/s 61(2) BNS and on 14.1.2026, of Apprehending his arrest, peti t of pre-arrest bail. The said applic tional Sessions Judge, Pathankot ieved of which, the present petition ha Learned counsel for the petitio t related to any of the parties, has been There was no occasion for him to pa further contends that falsity of the rent from the fact that in the viral video nly basis on which the police is all ns, complainant cannot be seen to b on that he himself witnessed his son 3- y died. Primarily with this backdro o catch hold of all those who we ng son as also to initiate appropria asis of said complaint and MLR, 4.01.2026, was registered u/s 103(1 61(2), 238 of BNS added later on), trict Pathankot. into motion. On 4.1.2026, co-accuse ere arrested. Post mortem examinatio er Kumar suffered a supplementar , Jatin Kumar and Naman Kumar we .25 dated 08.01.2026. On 12.1.202 026, offence u/s 238 BNS were added. t, petitioner moved an application fo application was dismissed by learne ankot, vide order dated 29.1.202 tion has been filed for grant of bail. petitioner contends that petitioner, wh as been falsely implicated in the prese to participate in the incident. Learne of the case set up by the complainant l video, which is being circulated and is alleging attribution to the accuse n to be present at the site, as such h is son being brutally assaulted by th kdrop, were priate LR, a 03(1), on), at accused ination mentary ar were .1.2026, added. tion for learned 2026. , who present Learned ainant is d and is accused such his by the GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document CRM-M- accused pe can only be not to beat it was the helpline an been activ otherwise. interrogatio him, but b investigatio petition is m 4. counsel for have vehem petitioner i Kushal Kum etc. The m boy suffer consequenc that presen by dialing intimated t been appre Thereafter, 950102921 stance that -7635-2026 -4 sed persons, appears highly doubtful. nly be seen standing on one side of th o beat the deceased. Continuing furth s the petitioner who himself called ine and also insured timely arrival of actively involved in the incident, wise. Learned counsel further con rogation of petitioner is not needed, fo but being a law abiding citizen, he tigation as and when called for by ion is made. Per contra, learned State co sel for complainant (who has filed me vehemently opposed the request for ioner in conspiracy with other accu al Kumar by repeatedly beating him w The magnanimity of the assault can b suffered multiple serious injuries equence thereof. It is further the sub present petitioner Khem Raj @ Monu ialing 112 at 14:52 hours from his m ated that an unknown person, who h apprehended. Police authorities wer eafter, at 15:37 hours, petitioner called 029217 and requested for ambulance. that a person Kushal Kumar who 4- ubtful. In fact, in the video, petition e of the street persuading the assaulte g further, learned counsel contends th called the police by dialing the polic val of the ambulance. If he would hav ident, his conduct would have bee er contends that though the custodi ded, for nothing is to be recovered fro n, he is ready and willing to join th or by the IO. Prayer for allowing th tate counsel accompanied by learne ed memo of appearance today in Cour st for grant of bail on the ground th r accused, unleashed brutal attack o him with sticks, giving him fist blow t can be inferred from the fact that th uries on his person and died as he submission of learned State couns Monu had called up the police helplin his mobile No. 9815962636 and ha who had entered into their house, ha es were asked to send the police hel r called up from his uncle’s mobile N lance. On this occasion, he changed h r who had entered in their house, ha etitioner saulters that e police ld have e been ustodial ed from join the ing the learned n Court) und that tack on st blows that the d as a counsel helpline and had use, has ce help. bile No. nged his se, had GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document CRM-M- fallen from conduct of had caught that boy ha different st from the ro interrogatio accused, w used in the case of exc extra ordina prayed for. 5. documents 6. the counse Supreme C application 7. The State Supreme C ought not t Supreme C Live Law ( -7635-2026 -5 n from roof and had suffered injuries uct of the petitioner clearly indicates aught hold of Kushal Kumar and had boy had lost consciousness, they chan rent story, that the boy who had tresp the roof. In the light of seriousness rogation of petitioner is needed to fi sed, who have not been arrested till da in the commission of offence. Thus, p of exceptional depravity or hardship ordinary relief of grant of pre-arrest b d for. Heard learned counsel for th ments on record. Before expressing any opinio ounsels, it would be appropriate to r eme Court, wherein the factors to be k cation for grant of anticipatory bail, ha In Nikita Jagganath Shetty @ tate of Maharashtra and another, eme Court held that “Anticipatory ba not to be granted in a routine manne It would also be appropriate to eme Court in Sumitha Pradeep Vs. aw (SC) 870, wherein it was held as 5- njuries as a consequence thereof. Th icates that he along with other accuse d had assaulted him. When they sense y changed their stance and presented trespassed into their house, had falle sness and gravity of offence, custodi to find out the whereabouts of oth till date and also to recover the weapo Thus, petitioner has failed to make ou rdship in his favour entitling him th rrest bail. Dismissal of petition has bee for the parties and have perused th opinion on submissions raised by bo te to refer to the judgment of Hon’b o be kept in mind while dealing with a l, have been discussed. etty @ Nikita Vishwajeet Jadhav v her, 2025 AIR SC 3375, the Hon’b ry bail is an exceptional remedy an nner.” riate to refer to the judgment of Hon'b Vs. Arun Kumar C.K. & Anr. 202 eld as follows:- f. This accused sensed sented a d fallen ustodial of other weapon ke out a im this as been sed the by both Hon’ble with an av vs. Hon’ble y and Hon'ble . 2022 GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document CRM-M- -7635-2026 -6 “It may be true, as appearing for Respondent No been filed. It will be unfair Investigating Officer does n custodial interrogation for the Be that as it may, e Respondent No.1 is not requir are satisfied that the High C discretionary relief of anticipa We are dealing with complainant (appellant herei praying that the anticipatory b the accused should be cancel complainant says that the H discretion while granting anti very serious crime like POCSO by the High Court granting should be quashed and set a matters, we have noticed canvassed that no custodial therefore, anticipatory bail m be a serious misconception of interrogation is made out by would be a good ground to g interrogation can be one considered along with othe application seeking anticipato in which the custodial interro required, but that does not against the accused should b should be granted anticipato thing that the court hearing should consider is the prima accused. Thereafter, the natur 6- as pointed out by learned couns t No.1, that charge-sheet has alread fair to presume on our part that th s not require Respondent No.1 fo r the purpose of further investigation y, even assuming it a case whe quired for custodial interrogation, w gh Court ought not to have grante icipatory bail. ith a matter wherein the origin herein) has come before this Cou ory bail granted by the High Court ncelled. To put it in other words, th e High Court wrongly exercised i anticipatory bail to the accused in CSO and, therefore, the order passe ting anticipatory bail to the accuse set aside. In many anticipatory ba ced one common argument bein dial interrogation is required an il may be granted. There appears n of law that if no case for custodi t by the prosecution, then that alon to grant anticipatory bail. Custodi ne of the relevant aspects to b other grounds while deciding a patory bail. There may be many cas errogation of the accused may not b not mean that the prima facie ca ld be ignored or overlooked and h ipatory bail. The first and foremo ring an anticipatory bail applicatio rima facie case put up against th ature of the offence should be looke ounsel lready at the .1 for ation. where on, we ranted iginal Court urt to s, the ed its d in a assed cused y bail being and, ars to todial alone todial to be g an cases not be case nd he emost cation st the looked GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document CRM-M- 8. has been h complainan the petition version of by learned trial when p named in t enough, du had called the ground been appre helpline fro person who contradictio after son o accused, th changed thei though in t on the pers Board of D -7635-2026 -7 into along with the severity interrogation can be one of interrogation. However, even required or necessitated, by it anticipatory bail.” Factual backdrop of the case een highlighted in para 2 of this ord lainant, who is father of the deceased etitioner. At this stage, there being on of complainant. Further, the authen arned counsel for petitioner would b when parties would lead their evidenc d in the FIR to whom specific role during the course of investigation, alled up police helpline from his mob round that an unknown person who apprehended. About half an hour l ine from his uncle’s mobile and na n who had trespassed into the house adiction, since remains unexplained, s son of complainant was brutally as sed, the boy fell unconscious sensing d their version and came with the story tha gh in the MLR, the treating Doctor no e person of deceased but when the d of Doctors noticed 12 injuries (both 7- erity of the punishment. Custodi of the grounds to decline custodi even if custodial interrogation is n by itself, cannot be a ground to gra case leading to the lodging of the FI his order. Petitioner was named by th eased and who has no prior enmity wi being nothing on record to doubt th authenticity of ‘viral video’ referred ould be adjudged during the course o vidence. Moreover, petitioner has bee c role has been assigned. Important ation, it emerged that initially petition is mobile and had sought police help o who had entered into their house, ha hour later, he (P) called up the polic nd narrated a different story that th house had fallen from the roof. Th ined, suggests, at least at this stage, th ally assaulted by petitioner and oth nsing trouble, accused party immediate that boy had fallen from room. Eve tor noticed only two superficial injurie n the post mortem was conducted, th both external and internal). todial todial is not grant the FIR by the ity with ubt the erred to ourse of been ortantly etitioner help on use, has e police that the . This age, that d other ediately . Even injuries ted, the GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document CRM-M- 9. interrogatio accused, w weapon use petitioner h in his favo bail. 10. 19.03.2026 gbs -7635-2026 -8 In view of the seriousness a rogation of petitioner is needed to sed, who have not been arrested til on used in the commission of offence ioner has failed to make out a case of s favour entitling him this extra ordi The petition being devoid of a .2026 Whether Speaking/reasoned Whether Reportable 8- ness and gravity of offence, custodi find out the whereabouts of oth ted till date and also for recovery o offence. In the light of factual scenari ase of exceptional depravity or hardsh a ordinary relief of grant of pre-arre id of any merit is hereby dismissed. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No ustodial of other very of cenario, ardship arrest NEY) GURBACHAN SINGH 2026.03.23 19:27 I attest to the accuracy and integrity of this document