Virender Alias Birender Alias Bindu v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13180-2025 (O&M) Date of Decision: 26.5.2025 Virender @ Birender @ Bindu ......Petitioner

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Sandeep Gahlawat, Advocate for the petitioner.

Ms. Mahima Yashpal, DAG, Haryana.

Ms. Amandeep Kaur, Advocate for respondents No. 2 and 3.

**** KIRTI SINGH , J. (ORAL) 1.

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory bail to the petitioner, in case FIR No. 29 dated 8.2.2019, under Sections 363 and 366-A IPC, registered at Police Station Julana, District Jind.

2.

Learned State counsel has filed status report in Court today, which is taken on record.

3.

Vide order dated 17.3.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "Apprehending arrest the petitioner has filed this petition under Section 482 of BNNS, for grant of anticipatory bail in case bearing FIR No. 29 dated 8.2.2019, under Sections 363 and 366-A IPC, registered at Police Station Julana, District Jind.

-2Learned counsel for the petitioner, inter alia, submits that the petitioner was falsely implicated in this case and now a compromise dated 25.2.2025 (Annexure P-7) has been effected between the parties. He places reliance upon Annexure P-10, which reveals that a quashing petition bearing CRM-M-12040-2025 has been filed by the petitioner on the basis of compromise and the parties were directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise on 18.3.2025. 3.

Notice of motion.

4.

Ms. Mahima Yashpal, DAG, Haryana, waives service of notice on behalf of the respondent-State and seeks time to file reply. Ms. Amandeep Kaur, Advocate has put in appearance on behalf of respondents No. 2 and 3 and files her Vakalatnama in Court today, which is taken on record. She has not disputed the factum of compromise effected between the parties.

5.

List on 02.04.2025.

6.

In the meantime, arrest of the petitioner shall remain stayed and he shall join investigation before the Investigating Agency/Officer and shall also abide by the following conditions as envisaged under Section 439(2) of Cr.P.C;-

1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court."

4.

Learned State counsel on instructions from SI Ashish submits that in compliance of order dated 17.3.2025, the petitioner has joined the investigation and is not required for any further investigation. 5.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 17.3.2025 passed by this Court, is hereby made absolute.

-36.

This order should not be treated as "blanket" order. It will not be read granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner(s).

8.

The accused-petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

9.

The accused-petitioner(s) shall not leave India without prior permission of the Court.

10.

The accused-petitioner(s) shall join the investigation as and when called by the police.

11.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.) to arrest the accused-petitioner(s), in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE May 26, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No