CRM-M-17979-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (120) CRM-M-17979-2026 (O&M) Date of Decision: 06.04.2026 PHOOL CHAND ......Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Manjot Gujral, Advocate for the petitioner. Ms. Guramrit Kaur, DAG, Punjab. **** KIRTI SINGH, J. (ORAL) 1. This is second petition filed under Section 438 of Cr.P.C., for grant of anticipatory bail to the petitioner in case FIR No.155 dated 21.09.2025, under Sections 115(2), 126(2), 351(2), 92 BNS (Sections 74, 304 and 89 of BNS added later on), registered at Police Station Haibowal, District Police Commissionerate, Ludhiana. 2. The contents of FIR are reproduced hereinafter: "Statement of xxx wife of Narinder modgill, R/O house no 211, gali no 05 Yashvi Enclave, Ladian kalan, Ludhiana age about 35 years, mobile no- 98540xxxx,85570xxxx. I an residing in abovementioned address and residing with my children. My husband is working as repair mechanic of CCTV and laptops in capital solutions company. In my street phoolchand resides with his wife and children. He has two sons one named Romi and other is Rohit, that they parked their motor cycle etc in wrong way in the street. Because of this we made romi and rohit to understand that they should park their vehicles in proper way. Because of this we resident of street has difficulty in passing the vehicles. But rohit and romy does not desist from their habits. SWARNJIT SINGH 2026.04.07 17:54 I attest to the accuracy and integrity of this document CRM-M-17979-2026 (O&M) -2- Today at about 12.30 noon, my husband narinder modgill going to his work and at that time rohit has wrongly parked his motor cycle, my husband narinder modgill old to mother of rohit who was standing outside, to park motor cycle on one side as I have to go to my work place. Then mother of rohit told that we will not remove motor cycle on side, do it what ever you can do. The my husband came back to my house. Then my husband accompanied with Sandeep kumar, Ajay verma, satnam singh, Dilbagh singh went out side of house of rohit. There rohit with her mother was standing outside there house. They told that you should park your motor cycles in proper manner so that there should not be inconvenience to persons using passage. Then rohit and her mother says they will not aside motor cycle. Then rohit and his mother started hurling abuses, then we went to our houses. I and narinder went to house of Rajesh @ goldy residing in same street. Then Romi and his father making lalkara and said oye modgill came out on street, then I and my husband came out in street. and after hearing the noise I came out of the house of rajesh kumar and saw that rohit with all members of family started beating me. Then rami Romi picked up brick and rohit romi and their parents started beating to my husband, started inflicting kick blows, fist blows on my stomach, torn my clothes, romi's mother pulled my hairs and slapped on my face, then romi and rohit used hands on my personal parts. I was pregnant from last 4/5 months. I was under treatment from Balaji Nursing Home, P.S Dharamshala, Prem Nagar, civil lines, regarding my pregnancy. And due to my pregnancy I remained in my house. But today during fight, rohit, Romi and his parents while beating me inflicting fist and kick blows on my stomach, due to which had miscarriage. During fight romi, rohit had called 4/5 unidentified persons who also beat me and my husband. Then after hearing noise residents of gali (street) romi, rohit and his parents accompanied 4/5 unidentified persons, continued threatned us to kill and during fight romi pulled mangalsutar from my neck and put in his pocket and also pulled bracelet (kara) from arm of my husband, then all persons while threatning to kill us run away from the street. Legal action be taken against all accused persons. SD” 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the statement of the complainant, leveling allegations of assault by the petitioner along with other co-accused namely Rohit, Remy and other unidentified persons SWARNJIT SINGH 2026.04.07 17:54 I attest to the accuracy and integrity of this document CRM-M-17979-2026 (O&M) -3- therein. It is submitted that the petitioner has been roped in the instant FIR due to the purported involvement of his son in the occurrence, and that no specific overt act is attributable to the petitioner. The allegations against the petitioner are general and omnibus, while the allegations of physical assault have been attributed to co-accused Rohit and Remy. There is no incriminating material against the petitioner, therefore, his custodial interrogation is unnecessary and the petitioner is willing to join investigation. 4. Notice of motion. 5. Upon advance notice, Ms. Guramrit Kaur, DAG, Punjab waives service of notice on behalf of the respondent-State. She has vehemently opposed the submissions made by the learned counsel for the petitioner and submits that there are specific and serious allegations against the petitioner. She states that the petitioner was actively involved in the commission of the offence. It has also been stated that as per the MLR report dated 21.09.2025 conducted by the Medical Officer, Civil Hospital, Ludhiana, the complainant was brought by her husband where she was having bleeding per-vagium and as per the report dated 26.09.2025, the complainant, who was four months pregnant, had suffered a miscarriage on account of assault carried out by the petitioner and other co-accused. It is, therefore, averred that custodial interrogation of the petitioner is required to determine the exact sequence of events. 6. Heard the rival submissions made by learned counsel for the parties. 7. Prima facie, serious and specific allegations against the petitioner have been levelled, who are alleged to have, after forming an SWARNJIT SINGH 2026.04.07 17:54 I attest to the accuracy and integrity of this document CRM-M-17979-2026 (O&M) -4- unlawful assembly, brutally assaulted the complainant and her husband, resulting in grievous injuries and miscarriage of a four months pregnancy. There are also allegations of outraging the modesty of the complainant and theft of valuables. Moreover, the Medico Legal Report dated 21.09.2025 and the ultrasound report prima facie corroborate the allegations of the assault. The petitioner is specifically named in the FIR as one of the assailants who, along with his family members, instigated and participated in the assault. The allegations are not vague or omnibus but point to active involvement. Considering the gravity of the offences, custodial interrogation of the petitioner is necessary to ascertain the role of unidentified associates, recovery of stolen property and to carry out a fair and thorough investigation. Therefore, this Court does not deem it a fit case to extend the extraordinary concession of anticipatory bail to the petitioner. 8. Accordingly, the instant petition stands dismissed. 9. Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH) JUDGE April 06, 2026 SwarnjitS Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SWARNJIT SINGH 2026.04.07 17:54 I attest to the accuracy and integrity of this document