Yadwinder Alias Jatin v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.212 Case No. : CRM-M-56935-2025 Decided On : November 13, 2025 Yadwinder alias Jatin ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Onkar Rai, Advocate for the petitioner.

Mr. P. S. Pandher, AAG, Punjab.

* * * SUKHVINDER KAUR , J.

:

Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.253 dated 08.08.2025, under Sections 109, 118(1), 115(2), 126, 231(3) of Bharatiya Nyaya Sanhita (BNS) 2023, registered at Police Station City Hoshiarpur, District Hoshiarpur.

The brief facts of the case are that the aforesaid FIR was got registered by complainant Javed Akhter, wherein he stated that his marriage was solemnized about 12 years ago with Payal. A matrimonial dispute was pending between the couple. On 26.07.2025, he was going to the house of his in-laws to meet his son namely Imran Akhter. On the way, petitioner and one Saurav were standing. On seeing him, they raised lalkara and started arguing with him. In the meantime, his wife Payal also reached there. He was mercilessly beaten by the petitioner, Saurav and his wife

Payal, thereby causing simple and grievous injuries on his person. When he raised alarm, all of them ran away from the spot. On the basis of this statement, FIR in question was registered.

Learned counsel for the petitioner contended that the petitioner has been falsely involved in the present case. There was matrimonial dispute between the complainant and his wife and their litigation is also pending before the Court(s). Now, the complainant had made false story of illicit relations of the petitioner with his wife whereas the petitioner has nothing to do with their matrimonial dispute. The petitioner is serving as a Constable in Punjab Police and on the day of alleged occurrence, he was on his duty. There is delay of 13 days in loding the FIR and no explanation has been given for the said delay. He further urged that the petitioner is not required for custodial interrogation and no recovery is to be effected from him. He has, therefore, prayed that the petitioner be granted concession of anticipatory bail.

Learned State counsel opposed the present bail petition while contending that the petitioner, along with co-accused, caused injuries to the complainant with sharp edged weapon. The allegations levelled against the petitioner are serious and he had actively participated in the alleged occurrence. So, his custodial interrogation is required for fair and proper investigation in this case and he does not deserve concession of anticipatory bail.

Heard.

As per Annexure R-2, appended with the Status Report placed on record by learned State counsel, all the injuries on the person of complainant Javed Akhter have been declared to be simple in nature by the doctor concerned. As such, the injuries allegedly attributed to the petitioner

are simple in nature and no injury had been declared to be dangerous to life. The custodial interrogation of the petitioner is not required for any purpose. So, no useful purpose would be served by sending the petitioner behind the bars.

Accordingly, without commenting on the merits of the case, the present petition is allowed. In the event of arrest, the petitioner is ordered to be released on bail, on furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard. The petitioner shall also abide by the conditions mentioned in Section 482(2) of the BNSS. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. Pending application(s), if any, shall stand disposed of along with the present petition.

November 13, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.