CRM-M/28561/2026 of KRISHAN KUMAR AND ORS Vs STATE OF PUNJAB on 28 July 2026

1. Petitioners seek anticipatory bail in FIR No. 24 dated 17.02.2026 under Sections 115(2), 126(2), 351(2), 190, 191(3) Bharatiya Nyaya Sanhita, 2023, Police Station Kiratpur Sahib, District Rupnagar. Offence under Section 108 BNS was added in the FIR during investigation. This is the first petition for anticipatory bail.

2. On 19.05.2026, following order was passed: “1. This is a first petition under Section 482 of BNSS, 2023 (corresponding to Section 438 Cr.P.C.) for grant of anticipatory bail in FIR No. 24 dated 17.02.2026 (Annexure P-1) under Sections 115(2), 126(2), 351(2), 190 and 191(3) of BNS, 2023 (corresponding to Sections 323, 341, 506, 149 and 148 IPC), Section 108 BNS (corresponding to Section 306 IPC) added later on vide General Diary No. 009 dated 19.02.2026 (Annexure P-2), registered at Police Station Kiratpur Sahib, District Rupnagar, in the interest of justice.

2. As per the allegations in the FIR, complainant Gulshan and Satish were working as Munshis at Jagrati Crusher. It is alleged that the crusher owners namely Anil Chawla, Shubi Chawla and Subhash Khati used to get stones unloaded during night hours without bills. On 16.02.2026, when Gulshan and Satish refused to get stones unloaded during night hours, Anil Chawla, Shubi Chawla, Subhash Khati, Kishan Khati and Inder Khati allegedly called them to the office. As per the FIR, Anil Chawla was carrying a “Binda” and firstly gave a blow with the same on the back of Satish. Thereafter, Anil Chawla allegedly gave “Binda” blows to complainant Gulshan on his legs, head and back. The remaining accused namely Shubi Chawla, Subhash Khati, Kishan Khati and Inder Khati allegedly caused beatings to Gulshan and Satish with fists and kicks. It is further alleged that thereafter Anil Chawla again assaulted them with a clutch wire and extended threats to kill Gulshan, Satish and their family members and also threatened to implicate them in false cases and send them to jail for life. The accused persons allegedly obtained signatures of Gulshan and Satish on papers forcibly and also made a video regarding payment of money of the crusher. It is further the allegation that due to shock and fear, complainant Gulshan consumed poisonous substance lying in the office. Thereafter, Anil Chawla, Shubi Chawla, Subhash Khati, Kishan Khati and Inder Khati allegedly put Gulshan and Satish in the dickey of Anil Chawla’s Fortuner vehicle and took them towards hospital. During the way, Subhash Khati and Kishan Khati allegedly followed in a Scorpio vehicle. Thereafter, the injured were taken to Parmar Hospital, Rupnagar and subsequently to PGI Chandigarh. It is also alleged that Anil Chawla, Shubi Chawla, Subhash Khati and Kishan Khati forcibly obtained signatures of Satish at the hospital. It is further alleged that after the occurrence, complainant Gulshan remained under treatment at PGI Chandigarh. However, after about two days of the incident, Gulshan succumbed to the effects of the poisonous substance allegedly consumed by him. Consequently, Section 108 of the BNS, 2023 (corresponding to Section 306 IPC) was added during the course of investigation vide General Diary entry dated 19.02.2026.

3. Learned counsel for the petitioners contends that the allegations levelled in the FIR are false and fabricated and that no offence under Section 108 BNS corresponding to Section 306 IPC is made out against the petitioners. It is submitted that the deceased had allegedly consumed poison on his own and there was no instigation or intentional aid on the part of the petitioners. It is further contended that the petitioners themselves took the complainant to the hospitals at Rupnagar and thereafter to PGI Chandigarh for treatment. It is further submitted that the post-mortem report does not reveal any external injury on the person of the deceased and that the allegations regarding beatings are falsified therefrom. Learned counsel further submits that similarly situated co-accused namely Anil Chawla and Subhash Chandra Khatri have already been granted anticipatory bail vide order dated 03.04.2026 passed by the learned Additional Sessions Judge, Rupnagar, and therefore the petitioners are also entitled to the concession of anticipatory bail on the ground of parity.

4. Notice of motion.

5. On asking of the Court, Mr. Sahil Chowdhary, AAG, Punjab accepts notice on behalf of respondent-State and opposes the present petition and submits that serious allegations have been levelled against the present petitioners. It is contended that the petitioners, along with the other co-accused, gave beatings to complainant Gulshan and Satish, extended threats to kill them and their family members and also forcibly obtained their signatures on certain papers. It is further submitted that due to the acts and conduct of the accused persons, complainant Gulshan consumed poisonous substance and subsequently died during treatment, whereafter Section 108 BNS corresponding to Section 306 IPC was added during investigation.

6. However, without commenting upon the merits of the case and considering the nature of allegations as well as the fact that the allegations primarily pertain to the offence under Section 108 BNS corresponding to Section 306 IPC, this Court is of the prima facie view that the question as to whether the ingredients of abetment to commit suicide are made out against the present petitioners would be a matter to be examined during trial. At this stage, no specific act indicating direct instigation or intentional aid immediately preceding the commission of suicide is discernible so far as the present petitioners are concerned. The allegations against the petitioners are general in nature and are to be tested during the course of investigation and trial.

7. This Court also cannot lose sight of the fact that similarly situated co-accused namely Anil Chawla and Subhash Chandra Khatri, against whom allegations of more serious nature have been levelled in the FIR, have already been granted the concession of anticipatory bail vide order dated 03.04.2026 passed by the learned Additional Sessions Judge, Rupnagar. The case of the present petitioners stands on similar footing and, therefore, they are entitled to the concession of interim anticipatory bail on the ground of parity as well.

8. Accordingly, the petitioners are ordered to be released on interim anticipatory bail in the event of arrest, subject to their joining investigation and complying with the conditions as envisaged under Section 482(2) of BNSS, 2023.

9. Adjourned to 28.07.2026.”

3. Learned State counsel on instructions from ASI Angrej Singh submits that petitioners have joined investigation and are no longer required for custodial interrogation.

4. Petitioners have joined investigation pursuant to order of this Court dated 19.05.2026 and their further custodial interrogation is not required. In the circumstances of the case but without commenting on merits, the petition is allowed and order dated dated 19.05.2026, granting interim anticipatory bail to the petitioners, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.

5. Pending CRM(s), if any, are also disposed of accordingly.

(SHALINI SINGH NAGPAL) 28.07.2026

JUDGE

Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No