Gurwinder Singh Alias Dimple vs State Of Punjab

Sandeep Moudgil, J

Prayer

The jurisdiction of this Court has been invoked Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023-Section 2023 for grant of anticipatory bail to the petitioner in FIR No.313 dated 08.10.2025 (Annexure P-1), under sections 115(2), 117(2), 118(2) & 3(5) of Bharatiya Nyaya Sanhita, 2023-Section 2023, Police Station Gharinda, District Amritsar.

Status report by way of affidavit of Yadwinder Singh, PPS, Deputy Superintendent of Police, Sub-Division Attari, Amrtisar (Rural), has been filed in Court today mentioning about the medico legal report of the complainant, which has been though explained but not very convincing. The stand taken by the complainant in the FIR itself would depict that efforts were going on between the parties to settle the matter amicably by way of compromise. When it did not materialize, instant FIR came to be lodged after 20 days, which is sufficient to infer intention of the parties that out of the enmity between the two, the alleged FIR came to be registered.

Analysis

Be that as it may, having regard to the undertaking given by the petitioner in para 10 of the petition that he is ready to join the investigation and co-operate with the Investigating Officer and there is a delay of 20 days in registration of FIR and no CCTV footage could be produced by the complainant or State to clarify the fact whether the petitioner was present at the spot or not, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time.

Relief:-

Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:-

‘When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’

However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of one week, the order passed by this Court today shall automatically stands cancelled.

In the aforesaid terms, the present petition stands allowed.