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2025 Supreme(Online)(P&H) 18406

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BOOTA SINGH ALIAS BALJEET SINGH AND ANOTHER – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.10.2025 Boota Singh @ Baljeet Singh and another ....Petitioners V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Neeraj Jain, Advocate for the petitioner.

Mr. Amit Kumar Goyal, Addl. AG, Punjab.

*****

SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioners in case bearing FIR No.087 dated 10.07.2025, registered for the offences punishable under Section 118(1), 115(2), 191(3), 190 of BNS 2023 (Section 118(2), 117(2)

added later on) at Police Station Gidderbaha, District Sri Muktsar Sahib.

2. The gravamen of the FIR in question reflects that the FIR was registered by the investigating officer, upon the statement of the complainant-Amandeep Singh that on 09.07.2025 at about 10:00 a.m., he along with Amanpreet Singh, Gobind Singh, and Lovepreet Singh were going to the Police Station to lodge a complaint against the present petitioner no.2-Lakhvir Singh regarding threats previously extended by him. When they reached Bharu Chowk, Gidderbaha, near the bridge, they were allegedly confronted by said Lakhveer Singh (armed with a sword), Boota Singh (armed with an axe), Rajveer Singh (armed with a dang), Gurpinder Singh (armed with a baseball bat), Rajpreet Singh (armed with a kirpan), along with 5–6 unidentified persons. At that time, Lakhveer Singh raised a lalkara exhorting that they should not be spared. Thereafter, Lakhveer Singh inflicted a sword blow which struck the complainant Amandeep Singh on the left side of his forehead near the eye. Rajveer Singh gave a dang blow on his back and nose. Boota Singh attacked Amanpreet Singh with an axe, causing injuries on his left wrist and elbow, and further struck him with the reverse side of the axe on his left knee. Gurpinder Singh assaulted Gobind Singh with a baseball bat on his back and head. Rajpreet Singh struck Lovepreet Singh with a sword on the backside of his right thumb, and Gurpinder Singh again hit Lovepreet Singh with a baseball bat on his jaw. The unidentified persons accompanying them also caused injuries to the complainant party. Thereafter, the accused persons forcibly took Lovepreet Singh and Amanpreet Singh in a Scorpio vehicle towards the side of Malout, from where they were later rescued by one Lovepreet Singh, with the help of his friends. Subsequently, Iqbal Singh admitted the injured to Civil Hospital, Gidderbaha, and due to the seriousness of the injuries sustained by Lovepreet Singh, he was referred to Bathinda for further treatment. On the basis of the aforesaid statement of Amandeep Singh, a case has been registered under Sections 118(1), 115(2), 191(3), 190 of BNS 2023 (Section

118(2), 117(2) added later on) was registered against the petitioner.

3. Learned counsel for the petitioners has submitted that the petitioners are innocent persons and have been falsely implicated in the present case. He has further submitted that, in fact, the injuries were sustained by the petitioner-Lakhveer Singh at the hands of the complainant party. It is further submitted that the injuries alleged to have been caused to the complainant and others were actually inflicted by certain Nihang Singhs, and there exists a video recording substantiating this fact. The complainant has falsely implicated the petitioners by registering the present case with a mala fide intention. Learned counsel also submits that there is nothing to be recovered from the possession of the petitioners and, thus, they are not required for any custodial interrogation. Learned counsel asserts that the in the instant case, the FIR fails to include material facts, which further raised questions about its credibility and fairness. Moreover, the custodial interrogation should not be used as a punitive measure and is justified only when absolutel

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