IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.11.2025 Ramandeep Singh @ Raman and another ....Petitioners V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Rashmeet Singh, Advocate for the petitioners.

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

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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.15 dated 25.01.2025, registered for the offences punishable under Sections 115(2), 118(1), 351(3), 3(5) of the BNS, 2023 (Section 117(2) of BNS 2023 added later on), at Police Station Amloh, District Fatehgarh Sahib.

2. The gravamen of the FIR in question is that, it was registered on the basis of a statement made by the complainant, Sagar Giri, who stated that he is a taxi driver. On 24.01.2025, at about 6:30 p.m., he was proceeding on his motorcycle bearing registration No. PB23L-5377, make Hero Splendor, black in colour, to meet his friend Ripin Kaushal. When he reached near the cold store situated outside village Majri, at about 7:00 p.m., a white-coloured car bearing registration No.PB08BY-1807 came from behind and hit his motorcycle, causing him to fall to the ground. In his statement, he further stated that, thereafter, four persons get down from the said car—namely Akash, Vinay, Karan, and Raman. Akash allegedly gave a blow with an iron gandasa which struck his left leg. The petitioner No.1- Raman inflicted a blow with an iron grari on his right leg. Karan gave a blow with a kirpan, and while the complainant tried to protect himself by raising his left hand, the blow hit the fingers of his left hand. The petitioner No.2-Vinay then assaulted him with a danda on his left hand. The accused persons also damaged his motorcycle and the mobile phone he was holding. All four assailants, while threatening to kill him, fled from the spot in their car. Thereafter, his friend Ripin Kaushal and his father Balwinder Giri reached the spot and took him to Civil Hospital, Amloh, where he was admitted for treatment. On the basis of these allegations, an FIR was registered under Sections 115(2), 118(1), 351(3), 3(5) of the BNS, 2023 (Section 117(2) of BNS 2023 added later on), against the petitioners and their co-accused.

3. Learned counsel for the petitioners has submitted that the petitioners are innocent persons and have been falsely implicated in the present case. Learned counsel for the petitioners further submits that the petitioners have no role whatsoever with the alleged commission of offence. Learned counsel has iterated that neither the petitioners had caused any injury upon the complainant nor any motive has come forth to show allege involvement of the petitioners in committing the offence in question. Learned counsel for the petitioners further argued that the petitioners were not present at the place of occurrence. He has further submitted that there is a delay of one day in lodging of the FIR in question. 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 absolutely necessary for the recovery of material evidence. Furthermore, nothing is to be recovered from the petitioners and they are ready to join the investigation and hence no useful purpose would be served by sending them behind the bars. It is lastly submitted by the learned counsel that the present petition be allowed and the petitioners be granted the concession of the anticipatory bail.

4. Per contra, the learned State Counsel opposed the grant of anticipatory bail to the petitioners by arguing that the offence is of a serious nature. The investigation with respect to the petitioners is still ongoing. As p