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High Court of Punjab and HaryanaCRM-M/12767/2025allowed

Sanjeev Kumar v. State Of Punjab

2025-05-12Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 12.05.2025 Sanjeev Kumar . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ajay Pal Singh Rehan, Advocate for the petitioner(s).

Mr. Manjinder S. Bhullar, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

In the present petition, on 06.03.2025, following order was passed by this Court:- "

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 petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No.

Date Section(s) Police Station Sanjeev Kumar 15.01.2025 318(4), 338, 336(3) and 341(1) of BNS Division No.1, Panchkula 2.

Learned counsel for the petitioner, inter alia, contends that as per the allegations mentioned in the FIR, it is the main accused namely; Rahul, who affixes fake number plates on the vehicle(s). Counsel further submits that after arresting the main accused-Rahul, names of Ashwani and Tarsem Singh @ Soni were disclosed and thereafter in the disclosure statement of Tarsem Singh @ Sonu, name of present petitioner is involved in the present case. Counsel also submits that petitioner has nothing to do with such working and has been falsely implicated in the present case and petitioner was never found involved in similar activity. Counsel also contends that it is not even explained at any point of time that there is regular contact of the petitioner with the main accused-Rahul and coaccused Tarsem Singh @ Sonu. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 3.

Notice of motion.

4.

On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report. 5.

Adjourned to 12.05.2025.

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In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 7.

Besides, it is directed that petitioner 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, petitioner would seek prior permission of the Court." 2.

Learned counsel for the petitioner contends that in compliance of the order dated 06.03.2025, passed by this Court, the petitioner has already joined the investigation and is ready to co-operate with investigation agency, as and when same is required again.

3.

On the other hand, learned State counsel, also confirms the said statement of joining the investigation and thus, submits that the custodial interrogation of the petitioner is not required, at this stage, for the purpose of investigation.

Heard.

5.

Since the petitioner has already joined the investigation and his custodial interrogation is not even asked for, present petition is allowed and the ad-interim order dated 06.03.2025 is hereby made absolute. However, petitioner 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.

6.

Besides, it is directed that petitioner 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.

- 3 - It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 7.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE May 12, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No