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High Court of Punjab and HaryanaCRM-M/15610/2025allowed

Durga Alias Durga Dutt v. State Of Haryana

2025-05-02Mr. Justice Sanjiv Berry3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 02.05.2025 DURGA ALIAS DURGA DUTT ....PETITIONER V/S STATE OF HARYANA ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.Angel Sharma, Advocate for the petitioner.

Mr. Vipul Sherwal, AAG, Haryana.

Mr. Sumit Pal Khaira, Advocate for the complainant.

**** SANJIV BERRY, J.(ORAL) By way of present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: - FIR No.

Dated Section Police Station 30.12.2024 115, 117(2), 126, 190, 191(3), 351(2) and 333 added later on of BNS Gadpuri, District Palwal

2.

Learned counsel for the petitioner submits that in compliance to the order dated 03.04.2025, the petitioner has joined the investigation. 3.

During the course of hearing on 03.04.2025, following order had been passed: - "Status report dated 02.04.2025 in the form of an affidavit of Deputy Superintendent of Police, Sadar, Palwal, District Palwal, has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner.

2.

HC Ishwar Singh, is present in Court today along with record.

3.

Heard.

4.

After considering the rival contentions, it transpires that no specific overt act is attributed to the petitioner nor any injury is attributed to him.

5.

Without commenting on the merits of the case, it is deemed appropriate that the petitioner should join the investigation before deciding the petition on merits. Therefore, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482 (2) of BNSS, 2023. 6.

Investigating Officer of the case to remain present along with record on the next date of hearing.

7.

List on 02.05.2025."

4.

Learned State counsel on instructions received from HC Ishwar Singh informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation.

5.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 03.04.2025 passed by this Court, interim bail granted vide order dated 03.04.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

6.

The petition stands allowed.

7.

It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. (SANJIV BERRY) JUDGE 02.05.2025 anju i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No