Gurmej Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 17.03.2026 GURMEJ SINGH .....PETITIONER

VERSUS

STATE OF PUNJAB .....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present:

Mr. Manglesh Kumar, Advocate, and Mr. Shakti Mehta, Advocate, for the petitioner.

Mr. Vinay Malhotra, DAG, Punjab.

SANJAY VASHISTH , J (ORAL) 1.

Present petition has been filed by the petitioner, seeking grant of anticipatory bail, in case, FIR No.0002, dated 05.01.2025, under Sections 126(2), 118(1), 115(2), 351, 191(2), 190, 109 (added later on) of BNS, 2023, registered at Police Station City Samana, District Patiala. 2.

As per the allegations in the FIR, role attributed to the petitioner is limited to administering slaps and punches to the complainant, whereas the main accused, namely Kuldeep Singh, who allegedly caused the injuries, has already been arrested. 3.

After hearing the submissions addressed by counsel for the petitioner, on 04.06.2025, following order was passed by this Court:- "Instant petition has been filed under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.0002 dated 05.01.2025 registered under Sections 126(2), 118(1), 115(2), 351, 191(2), 190, 109 (added later on) of BNS at Police Station City Samana, District Patiala Punjab.

Learned counsel for the petitioner submits that the allegations in the FIR against the petitioner are of giving slaps and punches to the complainant and the injuries attributed to the complainant are from other co-accused namely, Kuldeep Singh, who is already in custody. Learned counsel further submits that the bail application filed by the petitioner before the trial Court was rejected only on the ground that recovery of weapon of offence is yet to be effected, whereas even as per allegations made in the FIR, no such weapon was used by the petitioner. He also submits that petitioner has no other criminal antecedents. He further contends that the custodial interrogation of the petitioner for investigation is no more required in the present case, as nothing is to be recovered and he is ready to join investigation.

Notice of motion.

Mr. K.D. Sachdeva, DAG Punjab accepts notice on behalf of the respondent-State and seeks time to file reply.

Adjourned to 05.08.2025.

Meanwhile, the arrest of the petitioner shall remain stayed."

4.

Continuing the submissions, counsel for the petitioner submits that petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, counsel prays for grant of anticipatory bail to the petitioner in the present case. 5.

On the other hand, learned State counsel does not dispute the factual aspect which has already been recorded in the order dated 04.06.2025. However, he submits that petitioner being involved in the heinous crime, is not entitled for any concession of bail. 6.

This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it. 7.

In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, this

Court deems it appropriate to grant the concession of bail to the petitioner.

8.

Accordingly, present petition is allowed, and petitioner is directed to join the investigation within two weeks from today, or as and when called by the investigating agency, and in the eventuality of the arrest, petitioner would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 9.

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. 10.

With the directions issued here above, present petition stands disposed of.

(SANJAY VASHISTH) 17.03.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No