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Judgment
VIKRAM AGGARWAL, J (ORAL)
The 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.121, dated 07.09.2025 registered at Police Station Sadar Jalalabad, District Fazilka, under Sections 109, 125, 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and Section 25 of the Arms Act, 1959.
On 03.08.2026, the following order was passed by this Bench:-
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.121, dated 07.09.2025 registered under Sections 109, 125, 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 (for short the “BNS”) and Section 25 of the Arms Act, 1959 (for short the “Arms Act”) at Police Station Sadar Jalalabad, District Fazilka.
2.On a statement of one Manjit Kaur, the FIR in question was registered, the translated version of which (as given in Annexure P-1) is as under:-
“Statement of complainant Manjit Kaur wife of Gurnam Singh, daughter of Surjan Singh résident of Fattu Wala, Police Station Sadar Jalalabad, aged about 42 years, Mobile No. 75280-74346. Stated that I am a resident of the above-mentioned address and I do household work. My husband namely Gurnam Singh died about 10 years ago. I have two sons. My elder son is Harmesh Singh and the younger son is Harnek Singh, who is still unmarried. On the intervening night of 06/07.09.2025, at about 02:50 A.M., there was loud shouting in the street outside our house, in front of our gate. Thereupon, I and my son Harmesh Singh came outside. Keerat Kumar, son of Baljit Singh, resident of Hazara Ram Singh Wala, who was armed with a pistol; Aman Singh son of Baljit Singh, resident of Hazara Ram Singh Wala, armed with a kapa; Gurjit Singh son of unknown, resident of Ladhu Wala Hithar, armed with a kapa; Arsh son of Nehna, resident of Ladhu Wala Hithar armed with a kirpan; Lavish son of Mukhtiar Singh, resident of Dhani Jallan Singh, Jodha Bhaini, armed with a baseball bat; and 3/4 unidentified persons were standing there. When I asked them why they were creating a commotion they said that my son Harmesh Singh had betrayed them, and they started beating my son. My son ran away and they also ran after my son Harmesh Singh. I also went behind them to rescue him. Then Keerat Kumar fired a shot from his pistol at me which hit my left arm slightly below the elbow and exited from the other side. In the meantime, Keerat Kumar fired 3/4 more shots in the air. On hearing the sound of the gunshots, people from the neighbourhood started gathering. Seeing the gathering of people, the assailants fled from the spot in their respective vehicles along with their respective weapons. Thereafter, Mangat Singh, son of Kala Singh who is the son of my elder brother-in-law, also reached the spot. He took care of me and, after arranging a vehicle and got me admitted to the Civil Hospital, Fazilka. There, the doctor dressed my wound and thereafter referred me to GGS Medical College, Faridkot, where I am undergoing treatment. The reason for the enmity is that a few days earlier they had a verbal altercation with my son. Due to that grudge, they intended to cause injuries to my son, and when I intervened to rescue him, they fired at me. Legal action be taken against them. I have got the statement written, heard it, and it is correct. Sd/- Manjit Kaur, ..”
3.Learned counsel for the petitioner inter alia contends that the main allegation is against Keerat Kumar and the only allegation against the petitioner is that he was armed with a baseball bat and was present at the spot though he did not cause any injury to the complainant or anyone else. He further submits that even otherwise a compromise has been arrived at between the parties (Annexure P-2). He submits that the petitioner has clean antecedents and is willing to join investigation and abide by any condition imposed by the Court.
4.Notice of motion.
5.Mr. Ravinder Singh, DAG, Punjab accepts notice on behalf of the respondent-State and opposes the petition stating that the allegations are serious and in such matters, a compromise having been arrived at between the parties would be of no relevance.
6.Status report by way of affidavit of Sh. Lavdeep Singh Gill, Deputy Superintendent of Police (HQ), with additional charge of Sub-Division, Jalalabad, District Fazilka filed in Court today is taken on record.
7.Mr. Kartik Kaushal, Advocate has caused appearance on behalf of respondent No.2 (complainant) and has submitted his memorandum of appearance, which is taken on record.
8.List on 02.09.2026.
9.Keeping in view the fact that the allegation against the petitioner is only that he was armed with a baseball bat and was present at the spot and there is no other overt act attributed to him, the petitioner is directed to join investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of the Arresting/Investigating Officer, subject to compliance of the provisions of Section 482(2) BNSS.”
Learned counsel for the petitioner submits that in compliance with the aforesaid order, the petitioner has duly joined the investigation.
Learned State counsel, on instructions from ASI Satnam Dass, Police Station Sadar Jalalabad, District Fazilka, who is present in Court, submits that in compliance with the order dated 03.08.2026, the petitioner has duly joined the investigation and his custodial interrogation is not required.
In view of the above, the present petition is allowed. The order dated 03.08.2026 passed by this Court is made absolute, subject to compliance of the provisions as envisaged under Section 482(2) BNSS.
