Dhola Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-60576-2024 Date of decision: April 3rd, 2025 Dhola Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Chandan Singh Rana, Advocate for the petitioner.

Mr. H.S. Deol, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.153 dated 04.09.2024 under Sections 118(1) and 115(2) of the BNS (Section 118(2) of the BNS added later on), registered at Police Station Sadar, Fazilka.

2.

While issuing notice of motion on 03.12.2024, following submissions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner contends that it is a case of version and cross-version, however, the version given by the petitioner side was subsequently, not accepted by the investigating agency; furthermore, there is a delay of 11 days in lodging the FIR in question, which also indicates that a fabricated version has been brought forth against the petitioner. Learned counsel has also asserted that a perusal of the FIR annexed as Annexure P-1 reveals that the petitioner has not been named therein, however, subsequently he was nominated as an accused and an injury with a kappa on the hand of the complainant had been attributed to him." PUNEET SACHDEVA 2025.04.03 14:21 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-60576-2024 -23.

Thereafter, vide order dated 09.01.2025, the petitioner had been granted interim anticipatory bail with direction to join investigation.

4.

Learned counsel for the petitioner submits that in compliance of order dated 09.01.2025, the petitioner has joined investigation and cooperated with the investigating agency. 5.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

6.

In view of the above, the petition is allowed and interim order dated 09.01.2025 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

April 3rd, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.04.03 14:21 I attest to the accuracy and integrity of this document Chandigarh