Gurwinder Singh Alias Ginda v. State Of Punjab
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Present:
Ms. Ramandeep Kaur, Advocate for the petitioner(s). Mr. Jaspal Singh Guru, AAG, Punjab.
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This petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in FIR No.30 dated 08.06.2024 (Annexure P31) under Sections 325, 323, 34 IPC (added lateron Section 326 IPC) (Old); under Sections 115(2), 117(2), 3(5) Β.N.S., 2023 (added lateron Section 118(2) of B.N.S., 2023 {New}, registered at Police Station Samalsar, District Moga.
Prosecution story, set up in the present case as per the version in the FIR reads as under :3
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Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case.
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( Learned counsel for the petitioner undertakes that the petitioner is ready and willing to join the investigation and cooperate with the investigating officer.
Notice of motion.
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Learned State Counsel appearing on advance notice on instructions from Investigating Officer vehemently opposes the prayer for grant of concession of anticipatory bail and prays for dismissal of the petition in view of the seriousness of the offence committed by the petitioner as the petitioner was armed with sword and caused injury on the back of the complainant by giving khanda blow which hit on the back of the complainant when he was lying on the ground. 4.
,)1*#.# Be that as it may, after given a thoughtful consideration to the submissions as made, by the counsel for both the parties, particularly to the extent that no grievous injuries on any vital part of the body of the
injured person has been attributed to the petitioner, moreover, nothing is to be recovered from the petitioner, and also, there is an another case pending between the parties, therefore the probability of false implication of the petitioner in the present FIR cannot be denied, hence, this Court finds no cogent reason to deny the petitioner the concession of anticipatory bail, wherein the petitioner has bona fide intentions and is willing to join the investigation and co3operate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period.
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!1.!2 Hence, in view of the admitted set of circumstances before this Court, the petitioner is hereby directed to be released on anticipatory bail subject to him joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS of which are reproduced below :3 <* 7 8 8 (
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However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within one week, the order passed by this Court today shall automatically stand cancelled.
The petition in the aforesaid terms stand allowed.
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