Bhajan Kaur And Others v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 10.12.2025 Bhajan Kaur and others ......Petitioners

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Gagandeep Singh, Advocate for Mr. J.S.Bhinder, Advocate for the petitioners.

Mr. Vinay Malhotra, DAG, Punjab.

SANJAY VASHISTH, J.

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 petitioners, who have been booked in a criminal case bearing Daily Diary No.28 dated 24.01.2025 (Annexure P-2), under Sections 118(1), 115(2), 329(3), 62, 351(2), 190 of BNS, 2023 registered at Police Station Sadar Nabha, District Patiala in case FIR No.06 dated 24.01.2025 (Annexure P-1) under Sections 115(2), 329(3), 62, 351(2), 190, 118(1) of BNS, Police Station Sadar Nabha, District Patiala.

2.

On 24.06.2025, following order was passed:- "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 petitioners, who have been booked in a criminal case bearing Daily Diary No.28 dated 24.01.2025 (Annexure P-2), under Sections 118(1), 115(2), 329(3), 62, 351(2), 190 of BNS, 2023 registered at Police Station Sadar

Nabha, District Patiala in case FIR No.06 dated 24.01.2025 (Annexure P-1) under Sections 115(2), 329(3), 62, 351(2), 190, 118(1) of BNS, Police Station Sadar Nabha, District Patiala. 2.

Learned counsel for the petitioners submits that primarily most of the offences are bailable. It is only Section 118(1) of BNS (Section 324 of IPC), which is non-bailable. None of the injuries are inflicted on the vital part of the injured Sucha Singh and Paramjit Kaur. Also, there are allegations of causing assault to one Maya Devi against the petitioners but no injury has been noticed having been inflicted upon her. He further submits that Sunita another co-accused, who is similarly situated has already been granted concession of anticipatory bail and Bhajan Kaur (petitioner No.1) and Ajay Kumar (petitioner No.3) though had been granted anticipatory bail by the Court below but on account of failure of joining of the investigation, the concession was rejected. He further submits that due to unavoidable reasons Bhajan Kaur (petitioner No.

1) and Ajay Kumar (petitioner No.3) could not join the investigation, however, on granting one opportunity they are now ready to join the investigation. Additionally, it is also informed that it is on the version of the petitioners party that one FIR No.06 dated 24.01.2025 under Sections 115(2), 329(3), 62, 351(2), 190, 118(1) of BNS (Annexure P-1), Police Station Sadar Nabha, District Patiala was initially registered against the complainant party. Said FIR was got lodged at the instance of petitioner No.2 namely Dass Singh naming Sucha Singh, Paramjit Kaur and Maya Devi and other 34 unidentified persons as accused. Actually, said FIR was registered because complainant party had caused injuries on leg and knee part of petitioner No.2 Dass Singh with sharp edged weapon.

3.

Investigation in both the cases i.e. version and crossversion is still under progress. Petitioners are ready and willing

to join the investigation and cooperate with the investigating agency. Hence, prayer is made for grant of anticipatory bail. 4.

Notice of motion.

5.

On advance notice, Mr. Ravi Pratap Singh, DAG, Haryana puts in appearance on behalf of the respondent-State. He seeks some time to file reply/status report and clarifications to the submissions addressed by the counsel for the petitioners. 6.

Adjourned to 18.09.2025.

7.

In the meanwhile, the petitioners are directed to join the investigation as and when required to do so by the Investigating Agency. In the event of their arrest, the petitioners shall be released on ad-interim bail, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioners shall also be 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 petitioners would hand over their passport to the Investigating Agency or to Court concerned, if they possesses. Otherwise, would submit an affidavit, disclosing the fact that they do not possess any passport. It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court."

3.

Learned counsel for the petitioners contends that in compliance of the order dated 24.06.2025, passed by this Court, petitioners have joined the investigation, and have fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4.

Learned State counsel on instructions from ASI Ved Parkash confirms the said averment made by counsel for the petitioners of joining the investigation on 05.09.2025 by the petitioners, and submits that as of now,

custodial interrogation of the petitioners is not required for the purpose of investigation.

5.

Heard learned counsel for the parties.

6.

Since, petitioners have already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 24.06.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

However, petitioners 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.

10.12.2025 (SANJAY VASHISTH) sonia JUDGE Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO