Onkar Singh Alias Ghine v. State Of Punjab

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 29.04.2026 Onkar Singh alias Ghine . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Naveen Batra, Advocate for the petitioner(s).

Mr. Vinay Malhotra, DAG, Punjab assisted by ASI Ashok Kumar.

**** SANJAY VASHISTH , J. (Oral) 1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name & age of Petitioner (s) FIR No.

Date Section(s) Police Station District Onkar Singh alias Ghine, aged about 31 years 29.03.2025 S. 115(2), 118(1), 126, 61(2) of BNS, 2023 [S. 126(2), 118(2) of BNS, added later on] Model Town Hoshiarpur 2.

In the present case, on 22.01.2026, following order was passed by this Court:- "2.

Learned counsel for the petitioner, inter alia, contends that as per the allegations levelled in the FIR lodged by the complainant, Jagtar Chand, co-accused of the petitioner, namely Manpreet Singh alias Togo, pulled out a datar concealed in his trousers and inflicted three blows upon the complainant/injured Jagtar Chand, i.e. (i) on the right cheek near the ear extending up to the lips; (ii) on the right side near the teeth; and (iii) a third blow which was warded off by the injured by raising his right hand, resulting in injury to the right thumb.

It is further alleged that petitioner caused injuries with a kada on the left elbow, right upper arm, and chest of the complainant, which have been declared to be simple in nature.

- 2 - 3.

Learned counsel for the petitioner submits that grievous injury is specifically attributed to the co-accused, Manpreet Singh alias Togo. Therefore, case of the petitioner stands on a different footing and his plea for anticipatory bail deserves independent consideration. It is further submitted that initially the offence was registered under Section 118(1) of the Bharatiya Nyaya Sanhita and it was only after a delay of about 14-15 days that Section 118(2) of the Bharatiya Nyaya Sanhita was added, solely on account of the grievous injury caused by the said co-accused. Thus, counsel prays for grant of the concession of anticipatory bail to the petitioner in the present case. 4.

Notice of motion.

5.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.

6.

Adjourned to 29.04.2026.

7.

Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court." 3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 22.01.2026, passed by the Coordinate Bench of this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4.

Learned State counsel on instructions, confirms the said averment made by counsel for the petitioner of joining the investigation on 26.02.2026 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

5.

Heard learned counsel for the parties.

6.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated

- 3 - 22.01.2026, passed by this Court is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

7.

Accordingly, petition stands disposed of, accordingly. 8.

However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport.

It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. Pending misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE April 29, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No