Gurmeet Singh v. State Of Punjab

In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 01.04.2026 Gurmeet Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM: Hon'ble Mr. Justice Surya Partap Singh.

Present:

Mr. Simranjit Singh, Advocate for the petitioner(s) (Through Hybrid Mode).

Ms. Gagandeep Kaur, Deputy Advocate General, Punjab.

Surya Partap Singh, J.

1.

This petition for anticipatory bail is the second petition filed by the petitioner under Section 482 of 'the Bharatiya Nagarik Suraksha Sanhita, 2023'. It has been filed with regard to a case arising out of FIR No. 129 dated 28.11.2024, for the commission of offence punishable under Section(s) 110, 115(2), 118(1), 118(2), 117(2) and 3(5) of 'the Bharatiya Nyaya Sanhita, 2023' Police Station Shri Hargobindpur, Police District Batala, Punjab.

2.

In nut-shell the facts emerging from the record are that the FIR of this case came into being at the instance of 'Satnam Singh', hereinafter being referred to as "complainant" only. It was stated by the above named complainant that on 26.11.2024 at about 01.00 P.M. he, along with his wife, had gone to the tube-well where he found that 'Balbir Singh' and 'Gurmeet

Singh' had diverted the flow of water from his tube-well towards their own fields. According to complainant when he made enquiries from 'Balbir Singh' and 'Gurmeet Singh' about their above-mentioned conduct, 'Gurmeet Singh' exhorted to teach him a lesson, and that 'Balbir Singh' who was carrying a Dattar attacked him and inflicted injury on his person with the help of above-mentioned weapon. It was further stated by the complainant that the above named assailant was joined by 'Gurmeet Singh', who was carrying a stick and he, too, inflicted injuries on his person with the help of stick.

3.

It is the case of prosecution that in view of above-mentioned complaint, formal FIR of this case was lodged and the investigation taken up.

4.

Notice of motion.

5.

Since advance notice has already been served upon the State, Ms. Gagandeep Kaur, Deputy Advocate General, Punjab accepts notice on behalf of respondent-State. Hence, service of notice upon the State is hereby dispensed with.

6.

Heard.

7.

It has been contended on behalf of petitioner that former petition for anticipatory bail, filed by the petitioner, was not decided on merit as the same was withdrawn by the earlier counsel. It has also been contended by learned counsel for the petitioner that the petitioner has medical issue as he is unable to walk, and that he has been falsely implicated in the present case.

8.

The learned State counsel has controverted the above-

mentioned arguments on the ground that the second petition for anticipatory bail is not maintainable, unless a new ground is shown to have accrued during the intervening period from the date of dismissal of former petition till date. It has also been contended by the learned State counsel that no such ground exists in this case, and that otherwise also the gravity of offence warrants that the benefit of anticipatory bail should be denied to the petitioner.

9.

The record has been perused carefully.

10.

A perusal of the record shows that vide order dated 19.03.2025 the former petition for anticipatory bail was withdrawn after arguing at length. The above-mentioned part of the order dated 19.03.2025 shows that virtually when the learned counsel for the petitioner found that the Court was not inclined to grant any relief, the former petition was withdrawn. In the instant petition no such ground has been shown which made this court to arrive at a conclusion that there has been any change in the circumstances, from the date of withdrawal of former petition, for anticipatory bail. 11.

Keeping in view the fact that apparently there is no change in circumstances and also taking into consideration the gravity of offence, it is hereby observed that the present petition is not maintainable and the same deserves dismissal. Hence, the present petition is hereby dismissed, accordingly.

(Surya Partap Singh) Judge April 01, 2026 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No