Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 6 April, 2026
CRM-M-7216-2026 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7216-2026 (O&M)
Reserve on: 02.04.2026
Pronounce on: 06.04.2026
Uploaded on: 06.04.2026
NANAK SINGH
...PETITIONER
VERSUS
STATE OF PUNJAB
...RESPONDENT
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Manpreet Singh, Advocate
for the petitioner.
Mr. Akash Yadav, AAG, Punjab.
***
SHALINI SINGH NAGPAL J.
1. Petitioner seeks regular bail in case arising out of FIR No. 171 dated 29.07.2025 under Sections 64, 62, 109, 115(2), 3(5) Bharatiya Nyaya Sanhita, 2023, Police Station Jandiala, District Amritsar. This is the first petition for anticipatory bail.
2. Prosecutrix 'SK' lodged an FIR stating that in the night of 28.07.2025, when she was alone at home, her uncle's daughter Navjot Kaur aged 12 years came to sleep with her and left the gate open. While Navjot Kaur was sleeping, at around 11 PM, Gurwinder Singh @ Golla son of Baldev Singh, Harman son of Sarabjit Singh resident of Mallian suddenly entered the house. Gurwinder Singh @ Gollu gagged her mouth, Harman caught her hair and dragged her to the ground near Gurudwara Sahib where KAPIL Gurpreet Singh @ Guggu and Nanak Singh son of Harjinder Singh were 2026.04.06 20:16 I attest to the accuracy and integrity of this document standing. Gurwinder Singh @ Gollu grabbed her, threw her down while CRM-M-7216-2026 (O&M) -2- Harman caught hold of her arms. Gurpreet Singh @ Goggu took out his pistol, hit her with the butt. When she tried to escape, Nanak Singh kicked her in the stomach, Gurpreet Singh @ Goggu took off his belt and hit her thighs. Harman caught hold of her arms. Gollu opened the string of her salwar and touched her private parts, whereafter he came on top of her and started forcibly kissing her on the face. When she raised cries, Gollu tried to kill her by strangulating her with dupatta. Her uncle Kashmir Singh son of Bachan Singh who was passing by on foot, arrived whereupon they all fled away. She was taken to the hospital. She stated that Gurwinder Singh @ Gollu tried to forcibly rape her and kill her.
3. Learned counsel for the petitioner submits that the only allegation against the petitioner was that he gave kick blows to the prosecutrix. He was neither alleged to have disrobed her nor committed any act constituting the offence under Section 64 of BNS. The offence of sexual assault was attributed to co accused Gurwinder Singh @ Golu. In fact, petitioner was a 'kabaddi' player and on the day of alleged incident, he was playing 'kabaddi' match in a Mela at Village Gujjar Peer, Ajnala from 6:00 PM to 7:30 PM. After that, he went to the house of his sister. He left the house of his sister at 9:30 PM. It was co-accused Gurwinder Singh @ Golu, who was in relationship with the prosecutrix. On the day of alleged offence, prosecutrix had gone to meet her ex boy friend- Sarabjeet Singh, as evident from the entry register of the hotel, on record as Annexure P-3. Her ex boyfriend disclosed his meeting on a video call to Gurminder Singh @ Golu, recording of which was annexed in the form of pen drive. The prosecutrix suffered injuries due to beatings inflicted by her ex boyfriend. KAPIL 2026.04.06 20:16 I attest to the accuracy and The entire story was false and fabricated and petitioner was involved being integrity of this document CRM-M-7216-2026 (O&M) -3- friend of main accused Gurwinder Singh @ Golu. He was in custody w.e.f. 28.07.2025 and deserved to be enlarged on bail.
4. Learned State counsel has filed status report and has contested the prayer for regular bail on the ground that petitioner actively participated in the offence and in furtherance of common intention with co-accused, kicked the prosecutrix, who was also sexually assaulted. The trial was at initial stage. Charges were not yet framed and in case of release on bail, there was every likelihood that petitioner would influence prosecution witnesses.
5. As per medico legal report of prosecutrix, she suffered 11 injuries. Petitioner, in furtherance of his common intention with co-accused is alleged to have kicked the prosecutrix in the abdomen while the co- accused sexually assaulted her. Allegations against him are serious and mere period of incarceration cannot be a ground to release the petitioner on bail. Considering the nature and substance of allegations against the petitioner, the gravity of the offence, role attributed to the petitioner, injuries suffered by the prosecutrix, prima facie material against the petitioner but without commenting on the merits of the case, prayer for regular bail is declined.
6. Dismissed.
7. Pending miscellaneous applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL)
06.04.2026 JUDGE
Kapil
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
KAPIL
2026.04.06 20:16
I attest to the accuracy and
integrity of this document