Davinder Singh vs State of Punjab

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.164, dated 05.04.2026 registered under Sections 319, 318(4), 335, 336, 340, 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short the "BNS") at Police Station City Faridkot, District Faridkot.

On a complaint submitted by one Manju Bala, Principal, SSBF, Khalsa Senior Secondary School, Faridkot, the FIR in question was registered. The allegation is that on 05.04.2026, an examination of Group 'D' posts was going on in the said school. Two of the appearing candidates were Mangal Singh and Davinder Singh (the present petitioner). However, two persons namely Sunil Singh and Subeg Singh were found to be impersonating them and were appearing in the examination. Both were apprehended and ultimately it was found that Subeg Singh was in fact Baldev Singh.

Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated. She submits that the petitioner had not appeared in the examinations and probably somebody else appeared. She further submits that the antecedents of the petitioner are clean and the petitioner is willing to join investigation and abide by any condition imposed by the Court.

Per contra, learned counsel representing the State has opposed the prayer for the grant of anticipatory bail by stating that the allegations are very serious as somebody else was impersonating the petitioner in an examination being conducted for recruitment to Group 'D' posts. He further submits that there was a money trail also, as per which, Rs.20000/- had been transferred by the petitioner to Baldev Singh and the remaining amount was to be paid subsequently.

I have considered the submissions made by learned counsel for the parties.

The allegations are extremely serious. The petitioner was a candidate for a group 'D' post . The examinations were being conducted in one of the centers i.e. SSBF, Khalsa Senior Secondary School, Faridkot on 05.04.2026. One Baldev Singh was found to be impersonating the petitioner. Merely because the said Baldev Singh has been granted regular bail would be no ground to grant anticipatory bail to the petitioner as the parameters for both are entirely different.

Considering the nature of allegations, this Court does not find any reason to extend the concession of anticipatory bail to the petitioner.

That being so, the petition is found to be devoid of merit and the same is dismissed.

However, nothing stated herein above shall be construed to be an opinion on the merits of the case.