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Judgment
17 paragraphs · 547 wordsSumeet Goel, J
Apprehending his arrest in FIR No.130 dated 20.11.2025, registered for offences punishable under Sections 115 (2), 117(2), 109, 351(2), 351(3), 191(3) & 190 of the BNS, 2023, at Police Station Meharban, District Police Commissionerate Ludhiana; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.
On 22.12.2025, the following order was passed:
“Apprehending his arrest in FIR No.130 dated 20.11.2025, registered for offences punishable under Sections 115 (2), 117(2), 109, 351(2), 351(3), 191(3) & 190 of the BNS, 2023, at Police Station Meharban, District Police Commissionerate Ludhiana; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.
Inter alia contends that the petitioner is a man aged 67/ 69 years with clean antecedents, the prime role of assault as also beginning the fight is ascribed to his son, namely, Simranjit Singh, & the petitioner is willing to join investigation and cooperate therein.
Notice of motion.
On the strength of advance service of copy of petition, Mr. Adhiraj Singh Thind, AAG Punjab appears and accepts notice on behalf of the respondent – State of Punjab.
Put up on 21.01.2026.
The petitioner is directed to appear before the Investigating Officer on 26.12.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”
Learned State counsel (on instructions from ASI Gurwinder Singh) has submitted that the petitioner has joined investigation and is not required for custodial interrogation.
Learned counsel for the complainant has opposed the grant of anticipatory bail to the petitioner by arguing that allegations raised against the petitioner are direct/serious in nature and in case the petitioner is afforded the protection of anticipatory bail, there is all the likelihood that he may flee from the process of justice as also interfere with the investigation as also intimidate the witnesses.
Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation & cooperated therein and his custodial interrogation is not being sought by the State, this Court is inclined to confirm the order dated 22.12.2025 granting anticipatory bail to the petitioner, subject to the conditions as enumerated under Section 482(2) of BNSS.
Ordered accordingly.
This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.
Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case.
Pending application(s), if any, shall also stand disposed off.
