Gurmukh Singh vs State Of Punjab

Subhas Mehla, J

The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short - 'the BNSS') for grant of anticipatory bail to the petitioner in case bearing FIR No.41 dated 24.04.2026 (Annexure P-1), under Sections 331(6), 115(2), 118(1), 190 and 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), registered at Police Station Julkan, District Patiala.

Allegations levelled as per the FIR (Annexure P-1) are that the petitioner along with other co-accused while armed with bricks and sticks trespassed the house of the complainant and caused injuries upon the complainant party.

Learned counsel for the petitioner prayed for grant of anticipatory bail to the petitioner on the following grounds:

i. The petitioner has been falsely involved in this case as it is a dispute between neighbours over a common wall;

ii. The version made on behalf of the complainant has been exaggerated in the FIR, as the injuries caused to the complainant party are simple in nature;

iii. No specific role is attributed to the petitioner, as no injury has been caused by the petitioner to anyone and the main injury, which was caused with sharp-edged weapon, is attributed to co-accused;

iv. The offences are triable by Magistrate and maximum punishment for the offences is provided up to 07 years;

v. Co-accused, namely, Gurdeep Singh has already been granted the concession of anticipatory bail by this Court vide order dated 15.05.2026 passed in CRM-M-27799-2026;

vi. The petitioner is having clean and clear antecedents and is not involved in any criminal activities; and

vii. The petitioner is ready and willing to join investigation as and when required and to cooperate with the investigating agency.

Notice of motion.

Mr. Anup Singh, AAG, Punjab, has put in appearance and accepted notice on behalf of respondent-State and on instructions from ASI Balkar Singh, opposed the contentions raised by learned counsel for the petitioner while submitting that the petitioner was armed with brick and he along with other co-accused attacked the complainant party and caused injuries to them after forming an unlawful assembly. However, learned State counsel did not dispute that the case of the petitioner is at par with co-accused Gurdeep Singh, who has already been granted the concession of anticipatory bail by this Court. As such, he prayed for dismissal of grant of discretionary relief of anticipatory bail to the petitioner.

Heard.

Taking into consideration the contentions of learned counsel for the parties, facts and circumstances of the present case, this Court finds merit in the present petition on the following grounds:

i. The dispute pertains to a common wall between the neighbours;

ii. No specific role is attributed to the petitioner and the main injury, which was caused with sharp-edged weapon, is attributed to co-accused;

iii. Co-accused, namely, Gurdeep Singh has already been granted the concession of anticipatory bail by this Court vide order dated 15.05.2026 passed in CRM-M-27799-2026;

iv. The petitioner is having clean and clear antecedents and is not involved in any criminal activity; and

v. The petitioner is ready and willing to join investigation as and when required and to cooperate with the investigating agency.

Accordingly, the present petition is allowed and the petitioner is directed to join the investigation as and when called upon to do so. In the event of his arrest, the petitioner shall be admitted to bail on his furnishing bail/surety bonds to the satisfaction of investigating/arresting officer and shall also abide by the conditions as envisaged under Section 482(2) of the BNSS.

Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case.