IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

138+274 CRM-M-58674-2025 (O&M)

Decided on: 27.10.2025 MOHINDER PAL ALIAS MAHINDER PAL . . . Petitioner(s)

Versus STATE OF PUNJAB AND ANOTHER . . . Respondent(s)

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Vishal Sharma (Vasudeva), Advocate for the petitioner(s).

Ms. Aiman J. Chishti, AAG, Punjab.

Mr. Munish Puri, Advocate and Mr. Harsh Thakur, Advocate for respondent No.2.

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KIRTI SINGH , J. (Oral)

CRM-42668-2025 This is an application for placing on record the reply of complainant as well as copy of CD, screen shot of complaint and photographs as Annexures R-2/1 to R-2/3.

Heard. For the reasons mentioned in the application, the same is allowed and Annexures R-2/1 to R-2/3 are taken on record subject to all just exceptions.

CRM-M-58674-2025 (O&M)

Apprehending arrest in FIR No.12 dated 13.02.2025, under Section 75 of BNS, 2023, registered at Police Station Division No.2, District Pathankot, the petitioner has preferred this petition under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) for grant of pre-

arrest bail.

2. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the present case owing to a long- standing civil dispute between the parties pertaining to property rights. It is contended that the complainant, to exert pressure in the said dispute, has lodged the present FIR alleging abuse, harassment, obscene gestures, and a demand of Rs.50 lakhs, besides an alleged attempt to enter her house on 15.12.2024. It is further submitted that the complainant had earlier lodged FIR No.120 dated 02.09.2023 under Sections 354-B, 354, 294, 509, and 506 IPC on similar allegations, which were found exaggerated and unsubstantiated. It is urged that the present FIR suffers from unexplained delay, is improbable and uncorroborated, and appears to be an afterthought. The complaint does not disclose any act of sexual intent and mere neighbourhood hostility has been wrongly projected as a sexual offence. The petitioner, aged 64 years and with no criminal antecedents, is ready to join investigation and cooperate.

3. Per contra, learned counsel for respondent No.2/complainant submits that earlier on 15.10.2024, the petitioner openly threatened the complainant, demanding Rs.50.00 lakhs and stating that, in case of refusal, he would outrage her modesty. Thereafter, on 15.12.2024, at about 9:12 PM, when the complainant was alone at her residence, the petitioner attempted to forcibly enter her house by kicking the gate and, upon resistance, assaulted her by giving kick blows on her abdomen and called some of his associates and made obscene gestures towards her, which were captured in the CCTV footage contained in the CD annexed as Annexure R-2/1. It is further submitted that during the pendency of the present petition, the petitioner again abused and threatened the complainant, pursuant to which an online complaint was lodged at helpline No.112, reference No.2373517 dated

19.10.2025 (Annexure R-2/2). Learned counsel further submits that the houses of the petitioner and the respondent No.2/complainant share a common wall. The petitioner has constructed his house up to three storeys on the said wall, and only in 2023 did he raise a frivolous issue of alleged encroachment, as an afterthought to evade responsibility for his continued acts of harassment. Photographs evidencing the common wall are annexed as Annexure R-2/3. The petitioner, who is habitual of misbehaving, molesting, and using obscene language, even throws garbage into the premises of complainant/respondent No.2. Owing to his continuous misconduct, the complainant installed CCTV cameras, which contain several recordings of the obscene acts and misbehavior of the petitioner, who is habitual of misbehaving and using obscene language, has previously faced FIR No.120 dated 02.09.2024 for similar conduct. Despite repeated police complaints, his behaviour has remained the sam