Harminder Singh @ Harwinder Singh Vs State of Punjab

The jurisdiction of this Co u rt under Section 482 BNSS has been inv o ked for grant of anticipatory bail to the petitioner in case F IR No.221 d ated 09.11.2025 under Section 115 (2), 118(1), 74, 296, 191(3), 190, 3(5 ) of BNS and Section 117(2) (added later on) {Correspon d ing sections 3 23, 324, 354, 294, 148, 149 I PC (Section 325 IPC added l a ter on)}, reg i stered at Police Station Sadar J a graon, District Ludhiana. 2. The translated version of the FIR is reproduced below:-

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"Statement of xxxxx wif e of Jaspreet Singh resident of Sohian, Police Station Sadar Jagraon D istrict Ludhiana Rural, age aroun d 38 years, mobile no. 97810-xxccx, s tated that I am a resident of the a b ove address and do household chor e s. On 07.11.2025 at about 6:15 P M , I went to the place where wood is kept in front of my house to co l lect wood, when Dilpreet Singh son o f Narang Singh, Karanpreet Singh son SWARNJIT SINGH2026.05.25 11:21 of Narang Singh, Harwinder S ingh son of Kulwant Singh, Na r ang I attest to the accuracy andintegrity of this document Singh son of Surjit Singh, Surjit Singh son of Bachan Singh, Bablu son

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CRM-M-18813-2026 (O&M) - 2-

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of Kaka who were standing at M ana Wala Chowk village Sohian s aw me, they started abusing me an d making obscene gestures by touc h ing their private parts and started challenging me saying that I surv i ved last time, but not this time, I wil l not let you go now, I cannot hear t h eir abuses. I took the stick I was holding in my hand to turn over the w ood and went towards them, then Di lp reet Singh and all the others thre w me down and Dilpreet Singh wh o was holding a kirpan in his hand attacked my left hand with hi s small kirpan, and the kirpan hit my thumb and pinky finger of my h a nd. Karanpreet Singh mentioned a b ove who had a dagger in his hand a t tacked my left leg below the knee t w ice, Harwinder Singh mentioned above who had a kirpan in his hand attacked my left arm. Bablu me n tioned above attacked the upper pa r t of my right arm and wrist with his small dagger. Narang Singh menti o ned above attacked my left shoul d er with his small baseball bat. T hen Harwinder Singh mentioned ab o ve attacked the left side of my fore h ead with his small kirpan, after th a t I fell down and all of them sta r ted kicking me and attacked me wi t h kirpans, daggers and sticks. At that time, Sarpanch Kulwant Singh son of Surjit Singh came. He ca u ght Harwinder Singh's kirpan and attacked the fingers of my left hand. A nd while I was lying down, Kulwa n t Singh and his father Surjit Singh t ore my clothes and very much If m o re abusive language was used, the n on leaving, Sarpanch Kulwant S ingh slapped my face. After that Gurpinder Singh son of Bhupin d er Singh, Hakam Singh son of Ha r dev Singh, RanjitSingh son of Ajai b Singh, Harmel Singh son of Ba c han Singh, Amritpal Singh son of H a rmel Singh and Arshdeep Singh so n of Joginder Singh residents of S o hia attacked me with sticks in t h eir hands. When I cried for help, A m anpreet Singh son of Roop Singh and Surjit Kaur came and rescued me from them and then my hus b and Jaspreet Singh admitted me to Civil Hospital Jagraon. Where I am currently undergoing treatmen t . The reason for the dispute is that Sarpanch Kulwant Singh and h i s son and nephews harass us whe n we pass by. Earlier also they had c o me to our house and beaten us up. The statement has been written for y ou, heard and is correct. Signed/- x xxx Confirmed by SD/- Jaspreet Si n gh Verified Signed/- Manjit Singh ASI Chowki Police Station Sadar Ja g raon Date:- 09.11.2025."

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Learned counsel for the pe t itioner inter alia submits that the

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petitione r has been falsely implicated in t he instant case by the complain a nt, by leveli n g sweeping and baseless alleg a tions. It is submitted that in fact, it is a case o f version and cross-version. It is evident from the CCTV footage of the in c ident that it was the complain a nt party who were the aggress o rs, and that t hey had initiated the fight. In that regard, a cross case has been registere d vide DDR No.20 dated 06.0 2 .2026. Further a similarly situ a ted SWARNJIT SINGH co-accus e d has been granted the concessi o n of anticipatory bail by this C o urt 2026.05.25 11:21 I attest to the accuracy and integrity of this document

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CRM-M-18813-2026 (O&M) - 3-

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vide order dated 23.03.2026 passed in C R M-M-74155-2025. It is submi t ted that the p e titioner is willing to join invest i gation and co-operate.

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Per contra, learned State c o unsel as well as counsel for the complain a nt have vehemently opposed t h e submissions made by the lear n ed counsel f or the petitioner and submit t h at there are specific and serious allegatio n s against the petitioner. They s t ate that the petitioner was acti v ely involved i n the commission of offence. 5. Status report by way of affi d avit of Kulwant Singh, PPS, DSP, Special C rimes, District Ludhiana (Rural) filed by the learned State cou n sel is taken o n record. Copy of the same h as been furnished to the lear n ed counsel f or the petitioner. Learned Sta t e counsel while relying upon the status re p ort dated 19.05.2026 submit s that the allegation against the petitione r is that he along with other co - accused inflicted multiple inju r ies upon the complainant and one other person. As per the injury c h art mentione d in the status report, the co m plainant received as many as 13 injuries, w hereas one Amanpreet Singh s u ffered 7 injuries. A comprehen s ive chart wit h reference to the details of the i n juries inflicted on the complai n ant and Ama n preet Singh are as follows:-

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Name of injur ed	Injury No.	Place of injury	Kind weapon	Nature of injury/ weapon	Name of accused	Offenc e
Manpreet Kau r	1	Left side head	Sharp	Simple Kirpan	Harwinder Singh	324 IP C
	2	Middle finger of Lt. head	Blunt	Grievous Kirpan	Dilpreet Singh	325 IP C
	3	Wrist joint of Lt hand	Blunt	Simple Kirpan		323 IP C
	4	Lower Lt leg	Blunt	Simple Kirth		323 IP C
	5	Lower Lt leg	Blunt	Simple Kirch		323 IP C
	6	Wrist of Rt. arm	Sharp	Simple	Bablu	324 IP C

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SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document

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CRM-M-18813-2026 (O&M) - 4-

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	7	Lt thigh	Blunt	Simple		323 IP C
	8	Lt. knee joint	Blunt	Simple		323 IP C
	9	Rt. leg	Blunt	Simple		323 IP C
	10	Rt. shoulder	Blunt	Simple		323 IP C
	11	Lt. shoulder	Blunt	Simple baseball	Narang Singh	323 IP C
	12	Lt. arm	Blunt	Simple kirpan	Harwinder Singh	323 IP C
	13	Lt. wrist joint	Blunt	Grievous		325 IP C
Amanpreet Singh	1	Lt. head	Blunt	Grievous kirpan	Dilpreet Singh	325 I PC
	2	Rt head	Blunt	Grievous		325 I PC
	3	Back	Blunt	Simple baseball	Narang Singh	323 I PC
	4	Middle finger of Lt hand	Blunt	Simple kirpan	Bablu	323 I PC
	5	Rt shoulder	Blunt	Simple		323 I PC
	6	Lt shoulder	Blunt	Simple		323 I PC
	7	Lt eye lid	Blunt	Simple		323 I PC

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It is submitted that in view o f the opinion given on the inju r ies, Section 1 17(2) of BNS was subsequen t ly added vide DDR No.27 d a ted 18.11.20 2 5. Learned State counsel furth e r submits that the only co-acc u sed who has b een granted the concession of anticipatory bail is the 80 year old person n a mely Surjit Singh, to whom n o injury has been attributed. T he anticipat o ry bail petitions filed by the t w o co-accused have been dismissed by this C o urt vide order common order d a ted 09.02.2026 in CRM-M-698802025 and vide order of even date passe d in CRM-M-1060-2026. As s u ch, the custo d ial interrogation of the petitio n er is necessitated in this case s o as to ascert a in the true factual aspect of t h e alleged occurrence, and for the recovery o f the weapons of offence.

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SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document

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CRM-M-18813-2026 (O&M) - 5-

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Learned counsel for the complainant has reiterated the averment s made by the learned State cou n sel, and submits that the petiti o ner does not d eserve the concession of antici p atory bail.

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Heard the rival submission s made by learned counsel for the

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parties.

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At this stage, a gainful reference can be made to the observati o ns of the Hon’ble Supreme Court passed in ‘ X Vs. Arun Kumar CK (Criminal Appeal No.1834/2022) ’ , relevant portion whereof r e ads

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thus:-

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“x x x x

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In many anticipatory bail matters, we have noticed one com m on argument being canvassed that no custodial interrogatio n is required and, therefore, a nticipatory bail may be granted. T h ere appears to be a serious m isconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good gr o und to grant anticipatory bail. Cust o dial interrogation can be one o f the relevant aspects to be consid e red along with other ground s while deciding an application see k ing anticipatory bail. There m ay be many cases in which the cust o dial interrogation of the accus e d may not be required, but that does not mean that the prima fa c ie case against the accused shoul d be ignored or overlooked an d he should be granted anticipatory b ail. The first and foremost th i ng that the court hearing an anticipa t ory bail application should consider is the prima facie case pu t up against the accused. Ther e after, the nature of the offence shoul d be looked into along with t h e severity of the punishment. Cust o dial interrogation can be on e of the grounds to decline cust o dial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to g rant anticipatory bail.”

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Prima facie serious allega t ions have been levelled that the petitione r armed with a kirpan and in c onnivance with other co-accu s ed, inflicted m ultiple injuries on the person o f the complainant. The injury ch a rt

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SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document

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CRM-M-18813-2026 (O&M) - 6-

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of the co m plainant discloses that as man y as 13 injuries were suffered by her in the gr o up attack; two of which have b een sought to be attributed to the petitione r . Therefore, having regard to t he gravity of the alleged offe n ce, role of th e petitioner and the material on record, this Court is not incline d to grant the c oncession of anticipatory bail t o the petitioner.

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Accordingly, the instant peti t ion stands dismissed. 12. Needless to say that nothi n g observed hereinabove shall be construe d as an expression on the merits o f the case.

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Miscellaneous application(s) , if any, also stands disposed of.

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	(KIRTI SINGH) JUDGE
May 21, 2 026
SwarnjitS
Whether speaking/reasoned	: Yes/No
Whether reportable	: Yes/No

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SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document

Harminder Singh @ Harwinder Singh v. State of Punjab

Case brief

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Harminder Singh @ Harwinder Singh v. State of Punjab

Case brief

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