Rahul Rajput vs State of Punjab

The instant one is the second petition filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of anticipatory bail in case arising out of FIR No.15 dated 18.02.2025 registered under Sections 118(1), 351(2) and 305 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station Khanna, District Ludhiana.

The aforementioned FIR has been registered on the basis of statement recorded by the complainant-Avtar Singh, alleging therein that he used to sell confectionery items in a roadside trolley near Sidhu Hospital, Doraha. On the noon of 11.02.2025, he along with his wife Manpreet Kaur was working at his trolley when a Honda City car came from Ludhiana side and stopped near him. Three youths alighted from the same and took Kurkure snacks from his trolley and started eating the same. Two of them were armed with sword and hockey respectively. One of them came towards him and opened an attack by striking a blow with sword. To guard off the blow, the complainant raised his left hand and his little finger was injured. Another blow was struck on his left wrist with the sword. The second assailant struck blows on his back with lathi (stick) and all of them extended beatings to him. The wife of complainant raised clamour and then the assailants fled from the spot. He came to know the name of one of them as Sandeep Singh. The assailants had also removed a cash amount of Rs. 11,000 from his wallet.

After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner had moved an application for grant of bail, which was dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide order dated 28.11.2025. Then the first petition bearing CRM-M-69698-2025 as filed by the petitioner before this Court had been dismissed as withdrawn vide order dated 29.01.2026.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR. The co-accused Gagandeep Singh and Vishavjit Singh have been extended benefit of regular bail. He is ready to join investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, therefore, argued that the petition deserves to be allowed.

Notice of motion.

Learned State counsel has advance notice of the petition. It is argued by her that the petition, being a successive one, is not maintainable. The investigation is at its nascent stage. The petitioner has failed to show any drastic change in the circumstances from the date when his previous petition had been dismissed. His active complicity in the crime stands established. For conducting proper investigation, his custodial interrogation is must. It is, therefore, argued that the petition does not deserve to be allowed.

This Court has heard the rival submissions made by learned counsel for the parties.

The petitioner along with the co-accused is alleged to have voluntarily caused injuries to the complainant with sharp-edged weapon and is also alleged to have criminally intimidated him. His previous petition had been dismissed as withdrawn on 29.01.2026. The petitioner has failed to point out any material or drastic change in the circumstances ever since the date of the dismissal of the previous petition. For conducting thorough investigation, his custodial interrogation is must. Even otherwise, no exceptional or extraordinary circumstance warranting exercise of powers for grant of pre-arrest bail has been made out in favour of the petitioner. Accordingly, finding no compelling ground, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed.

It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner.

Since the main petition has been dismissed, pending application, if any, is rendered infructuous.