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Judgment
| “ Petitioner seeks anticipatory bail in case arisingPetitioner seeks anticipatory bail in case arising | |||
| outout ofof FIRFIR No.99No.99 dateddated | 24.04.2026,24.04.2026, underunder SectionsSections | ||
| 115(2),115(2), 118(1),118(1), 190,190, 191(3),191(3), | 126(2)126(2) ofof BNS,BNS, PolicePolice | ||
| Station Basti Bawa Khel, Commissionerate Jalandhar.Station Basti Bawa Khel, Commissionerate Jalandhar. | |||
| This is the first petition for anticipatory bail.This is the first petition for anticipatory bail. | |||
| As per allegations, on 23.04.2026, at around 5:00per allegations, on 23.04.2026, at around 5:00 | |||
| p.m.p.m.p.m. whenwhenwhen complainantcomplainantcomplainant MohinderMohinderMohinder | Singh,Singh,Singh, hishishis brotherbrotherbrother | ||
| Mani Singh @ Harpreet and his wife Simrandeep KaurMani Singh @ Harpreet and his wife Simrandeep Kaur | |||
| along with Amandeep alias Deepa were coming fromalong with Amandeep alias Deepa were coming from | |||
| Civil Hospital, after a quarrel with agent Maninder SinghCivil Hospital, after a quarrel with agent Maninder Singh | |||
| and reached in front of Shankar Sports Shop, before Iceand reached in front of Shankar Sports Shop, before Ice | |||
| Factory, Maninder Singh alongwith coFactory, Maninder Singh alongwith co-accused including | |||
| petitionerpetitionerpetitioner KulbirKulbirKulbir SinghSinghSingh andandand | 1010 | ||
| assaulted him with sharp edged weapons. Petitioner isassaulted him with sharp edged weapons. Petitioner is | |||
| alleged to have attacked brother of the calleged to have attacked brother of the complainant Mani | |||
| Date of decision: | Date of decision: 20.08.2026 | |
CRM-M-33407--2026 (O&M) -2-
Singh on his legs with kirpan.
| Learned counsel for the petitioner submits that theLearned counsel for the petitioner submits that the | ||
| petitioner was innocent and had been falsely implicatedpetitioner was innocent and had been falsely implicatedpetitioner was innocent and had been falsely implicated | ||
| on account of money dealings between the complainanton account of money dealings between the complainant | ||
| and Maninder Singh. The only attribution to petiand Maninder Singh. The only attribution to petitioner | ||
| was a simple injury with kirpan on non vital part of Maniwas a simple injury with kirpan on non vital part of Mani | ||
| Singh. There was one day delay in lodging the FIR.Singh. There was one day delay in lodging the FIR. | ||
| Petitioner was involved in only one other FIR of similarPetitioner was involved in only one other FIR of similar | ||
| nature and was ready and willing to join investigation.nature and was ready and willing to join investigation. | ||
Notice of motion.
| rbir Singh,Singh, | AAGAAG Punjab,Punjab, whowho isis | |||
| presentpresentpresent ininin thethethe CourtCourtCourt acceptsacceptsaccepts | noticenoticenotice ononon behalfbehalfbehalf ofofof | |||
| respondent-State and on instruction from SI Jai Inder | State and on instruction from SI Jai Inder | |||
| Singh, opposes the prayer for anticipatory bail on theSingh, opposes the prayer for anticipatory bail on the | ||||
| ground that opinion of the Doctor regarding the injuriesground that opinion of the Doctor regarding the injuries | ||||
| suffered by Mani Singh was yet awaited and given the | y Mani Singh was yet awaited and given the | |||
| naturenature ofof allegations,allegations, petitionerpetitioner | diddid notnot deservedeserve thethe | |||
concession of anticipatory bail.
| In the given facts and circumstances of the case, inIn the given facts and circumstances of the case, in | ||
| the event of arrest, petitioner shall be released on interimthe event of arrest, petitioner shall be released on interim | ||
| anticipatory bail subject to his furnishing personal andanticipatory bail subject to his furnishing personal and | ||
| suretysurety bondsbonds toto thethe | satisfactionsatisfaction ofof thethe | |
| Arresting/InvestigatingArresting/Investigating Officer.Officer. | PetitionerPetitioner s | |
| investigation as and when called upon to do so and shallinvestigation as and when called upon to do so and shall | ||
| abideabide byby thethe conditionsconditions asas | envisagedenvisaged underunder SectionSection | |
| 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. | ||
| Status report in the matter be filed on 20.08.2026.Status report in the matter be filed on 20.08.2026.” | ||
CRM-M-33407--2026 (O&M) -3-
3.Vide order datedVide order dated 16.07.2026 passed by this Court, thepassed by this Court, the petitionerpetitionerpetitioner waswaswas grantedgrantedgranted interiminteriminterim bailbailbail andandand waswaswas directeddirecteddirected tototo joinjoinjoin investigation.investigation.
4.Status report filed by learned State counsel is taken onStatus report filed by learned State counsel is taken on record. He orecord. He on instructions from Investigating Officerfrom Investigating Officer- submits that petitioner has joinedpetitioner has joined investigation though he did not get recoverthough he did not get recovered the weapon used in the offenceweapon used in the offence.
5.Petitioner has joined investigation pursuant to order ofPetitioner has joined investigation pursuant to order of this Court dateddated 16.07.2026. Anticipatory bail cannot be denied on theAnticipatory bail cannot be denied on the ground thatthat recoveryrecovery hashas notnot beenbeen effectedeffected fromfrom thethe petitioner.petitioner. Whether or not,Whether or not, petitioner indeed used the weaponindeed used the weapon would be a matter of trial. In the circumstances of the case but without commenting onIn the circumstances of the case but without commenting onIn the circumstances of the case but without commenting on merits, the petition is allowed and order datedmerits, the petition is allowed and order datedmerits, the petition is allowed and order dated 16.07.2026, granting interim anticipatorinterim anticipatory bail to the petitioner, is made absolute, subject toy bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrikthe conditions laid down in Section 482(2) of Bharatiya Nagrikthe conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.Suraksha Sanhita (BNSS), 2023.
(SHALINI SINGH NAGPAL)SHALINI SINGH NAGPAL) 20.08.2026 JUDGE Kapil
| Whether speaking/reasonedWhether speaking/reasoned | ||||