Lakhpat Rai Handa v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 29.04.2025 LAKHPAT RAI HANDA ....PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.J.S.Bariana, Advocate for the petitioner.

Mr. Rajinder Singh Bhatta, DAG, Punjab.

***** 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 Sections Police Station Hajipur, District Hoshiarpur 2.

Learned counsel for the petitioner submits that in compliance 11.07.2024 305, 331(4), 61(2), 33 of BNS, 2023 to the order dated 07.04.2025, the petitioner has joined the investigation. 3.

During the course of hearing on 07.04.2025, following order had been passed: -

"Heard.

2.

ASI Harbhajan Singh, Investigating Officer of the case is present in Court.

3.

Learned counsel for the petitioner inter alia contends that the petitioner is innocent and has been falsely implicated in this case. He contends that he has no concern with the allegations levelled in the FIR and even the petitioner was not named by the accused Badal in her first statement recorded on 18.08.2024. He further contends that the police is trying to implicate the petitioner on the basis of second disclosure statement recorded after she was granted concession of bail and even the challan was presented, as such, the second statement has no relevance at all.

4.

The learned State counsel on instructions from ASI Harbhajan Singh has not disputed the fact that the second disclosure statement of the accused Badal was recorded on 03.02.2025 and the challan in this case was presented on 04.10.2024 against her.

5.

Be it the case, without commenting on the merits, the petitioner is directed to join the 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.

List on 29.04.2025.

7.

Investigating Officer of the case to remain present in Court along with record on that date."

4.

Learned State counsel on instructions received from ASI Harbhajan 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 07.04.2025 passed by this Court, interim bail granted vide order dated 07.04.2025 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 29.04.2025 anju i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No