IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

209 CRA-S-2511-2025(O&M)

Decided on: 17.11.2025 Gurdeep Singh …...Petitioner Versus State of Punjab and another …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Chajju Khan, Advocate for the petitioner.

Mr. Vinay Malhotra, DAG, Punjab.

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SANJAY VASHISTH, J.

1. Present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking anticipatory bail in FIR No. 51 dated 22.04.2025, registered under Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station IT City, SAS Nagar, Punjab.

2. On 18.08.2025, following order was passed:

“i) Present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking anticipatory bail in FIR No. 51 dated 22.04.2025, registered under Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station IT City, SAS Nagar, Punjab.

ii) Learned counsel for the appellant inter alia contends that a civil suit bearing No. 931 of 2024 has been filed by Kuldeep Singh (father of the appellant, Gurdeep Singh), seeking a decree of permanent injunction against the defendants, wherein complainant-Samardeep Singh, is arrayed as defendant No. 3. The dispute pertains to a plot measuring 24.66 khan situated within the abadi (red line) of Village Patoon, Tehsil and District SAS Nagar, Mohali. It is submitted that the FIR has been lodged merely to pressurize the petitioner and his father to withdraw the said civil suit. A distorted version of the facts has been alleged in the FIR, and prima facie, it appears to be motivated.

iii) Counsel further submits that although FIR refers to a dispute between the parties concerning a house, the factum of pending of civil suit has been deliberately withheld. Therefore, bar under Section 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, would not be attracted in the present case.

iv) Notice of motion for 17.11.2025.

v) Mr. Neeraj Madaan, Sr. DAG, Punjab, appears on behalf of respondent/State. He seeks some time to file reply.

vi) Meanwhile, appellant is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, appellant shall be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The appellant shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

vii) Besides, it is directed that appellant would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, appellant would seek prior permission of the Court.”

3. Continuing his submissions, learned counsel for the appellant contends that in compliance to the order dated 18.08.2025 passed by this Court, appellant has joined the investigation and has extended full cooperation. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4. Learned State counsel has filed short reply by way of affidavit of Harsimran Singh Bal, PPS, Deputy Superintendent of Police, City-2, SAS Nagar, in Court today. Same is taken on record. Registry is directed to tag the same at appropriate place with the paper-book.

Learned State counsel on instructions, confirms the said averment made by counsel for the appellant of joining the investigation on 25.08.2025 by the appellant, and submits that as of now, custodial interrogation of the appellant is not required for the purpose of investigation.

5. Heard l