[Cites 6, Cited by 0]
Punjab-Haryana High Court
Lovely And Others vs State Of Punjab on 21 April, 2026
CRM-M-7236-2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
207
CRM-M-7236-2026
Decided on : 21.04.2026
Lovely and others . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Dinesh Nagar, Advocate and
Ms. Kamlesh Kumari, Advocate
for the petitioner(s).
Mr. Vinay Malhotra, DAG, Punjab.
****
SANJAY VASHISTH, J. (Oral)
1. Prayer in this petition, filed under Section 482 of the BNSS,
2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the
petitioners, who have been booked in a criminal case arising out of First
Information Report, as detailed here-under:-
Name & age of FIR Date Section(s) Police District
Petitioner (s) No. Station
(1) Lovely, aged 20 0089 21.11.2023 323, 325, 460, 148, 149 of Kathgarh SBS
years IPC Nagar
(2) Jaswinder, aged 21
years,
(3) Davinder Kumar,
aged 31 years, and
(4) Ashok Kumar, aged
40 years
2. In the present case, on 09.02.2026, following order was passed
by this Court:-
"2. On oral request made by the petitioner, complainant namely
Balveer Kumar, son of Diwan Chand, resident of Banha, Police Station
Kathgarh, District SBS Nagar, (mobile No.79736-57136), is ordered to be
impleaded as respondent No.2.
Let amended memo of parties be filed in the Registry,
JAWALA RAM within a period of two weeks from today, without moving any separate
application.
3. Learned counsel for the petitioners, inter alia, contends that
as per the version of complainant-Balveer Kumar in the FIR, on
24.10.2023 at about 7:30 p.m., while he was returning home on foot,
accused Telu Ram and Lovely Kumar (petitioner No.1) arrived from the
side of Dussehra Ground, in an Alto car, bearing registration No.PB-32L-
4555 and deliberately hit the complainant, causing him to fall on the rough
path. With the assistance of Karan Kumar, Heera Lal and Raj Kumar,
complainant reached his house.
It is further alleged that shortly thereafter, the accused
persons, allegedly armed with weapons, forcibly entered the house of the
complainant after breaking open the gate. Accused Paramjit is stated to
have exhorted by saying, "don't let them go today." Accused Ashok
Kumar (petitioner No.4) allegedly gave a stick blow on the face of the
complainant's mother, Satya Devi, resulting in the breaking of her lower
tooth. Accused Jaswinder (petitioner No.2 herein) allegedly gave an axe
blow with the reverse side on the abdomen of the complainant's mother.
Accused Lovely Kumar (petitioner No.1) is alleged to have given a stick
blow on the right shoulder of the complainant, while accused Honey
allegedly inflicted an axe blow on the lower back of the complainant.
Accused Telu Ram is alleged to have given a baseball blow on the
forehead of Heera Lal. Accused Davinder Kumar @ Kapil (petitioner No.3
herein) and Sukhdev are alleged to have inflicted further injuries with their
respective weapons.
It is further alleged that upon hearing the screams,
Bishamwar Dass and Rakesh Kumar reached the spot, whereupon the
accused persons attempted to flee in the said Alto car. However, the
vehicle allegedly crashed into a roadside ditch, after which the accused
abandoned the car and fled towards their village along with their
respective weapons.
4. Learned counsel for the petitioners submits that, even as per
the prosecution version, role attributed to petitioner No.1, Lovely Kumar,
is limited to being present in the car at the first instance when it allegedly
struck the complainant and to having given a stick blow, though no
specific injury is attributed to him. Petitioner No.2, Jaswinder, though
alleged to be armed with an axe, is not attributed with causing any injury
to any person. Petitioner No.3, Davinder Kumar @ Kapil, is also not
assigned any specific injury, except a vague allegation of having inflicted
injuries along with co-accused Sukhdev. As regards petitioner No.4 -
Ashok Kumar, though he is alleged to have given a stick blow on the face
of the complainant's mother, however, it is submitted that the allegation is
false and no such injury was ever caused by him.
5. It is further contended that a similarly situated co-accused,
namely Sukhdev @ Sukh Dev, has already been granted the concession of
anticipatory bail by this Court, vide order dated 11.02.2025 passed in
CRM-M-65558-2024 (Annexure P-3). Another co-accused, Paramjit, has
also been granted anticipatory bail by this Court, vide order dated
11.02.2025 passed in CRM-M-65561-2024 (Annexure P-4). Therefore,
petitioners are entitled to the benefit of parity.
6. Further submits that, except for Section 460 IPC, all other
substantive offences invoked in the present case are bailable. Moreover,
petitioners undertake to join the investigation and cooperate with the
same, if protected from arrest. Thus, it is prayed that concession of
anticipatory bail be granted to the petitioners in the present case.
7. Notice of motion.
8. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab,
puts in appearance on behalf of the respondent - State, and seeks some
time to file status report in the matter.
9. Adjourned to 21.04.2026.
10. Let newly added respondent No.2 (complainant) be served
through the concerned SHO, for the next date of hearing.
11. Through dasti process as well.
12. Accordingly, petitioners are directed to join the
investigation within two weeks from today, and in the eventuality of the
arrest, petitioners would be released on anticipatory bail, subject to their
furnishing bail bonds to the satisfaction of the Arresting Officer. The
petitioners shall also be abide by all the conditions laid down under
Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
13. Besides, it is directed that petitioners would hand over their
passport to the Investigating Agency or to Court concerned, if they
possess. Otherwise, would submit an affidavit, disclosing the fact that they
do not possess any passport.
It is also directed that before leaving country any time
during trial, petitioners would seek prior permission of the Court."
3. Continuing his submissions, learned counsel for the petitioners
contends that in compliance of the order dated 09.02.2026, passed by this
Court, petitioners have joined the investigation, and have fully co-operated.
Therefore, he prays for confirmation of the said interim anticipatory bail
order.
4. Learned State counsel on instructions, confirms the said
averment made by counsel for the petitioners of joining the investigation by
the petitioners, and submits that as of now, custodial interrogation of the
petitioners is not required for the purpose of investigation.
5. Heard learned counsel for the parties.
6. Since, petitioners have already joined the investigation and
custodial interrogation is no more required; ad-interim bail order dated
09.02.2026, passed by this Court is hereby made absolute.
However, petitioners shall continue to join the investigation as
and when required to do so and abide by all the terms and conditions laid
down under Section 482(2) of BNSS, 2023.
7. Accordingly, petition stands disposed of, accordingly.
8. However, present order would be subject to the submission of
passports of the petitioners to the Investigating Agency or to Court
concerned, if they possess, within a period of one week from today.
Otherwise, they would submit affidavits, disclosing the fact that they do not
possess any passport.
It is clarified that in case, aforesaid condition is not complied
with, this order would be considered as non est automatically.
Pending misc. application(s), if any, also stand disposed of.
(SANJAY VASHISTH)
JUDGE
April 21, 2026
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
