Ashish Kumar Pal v. State Of Punjab And ANR
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Petitioner Ashish Kumar Pal has filed petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in FIR No.0188 dated 18.07.2024, under Section 64 of BNS 2023, registered at Police Station Sahnewal, District Police Commissionerate, Ludhiana. 2.
As per facts of the case, prosecutrix 'P S' aged about 25 years gave her statement that she got married in the year 2019 and she is having two children. For the last about three years, she along with her husband was residing in Street No.8, New Satguru Nagar, Near Bapu Market Lohara, Ludhiana. On 16.07.2024 at about 01:00 PM, her husband had gone out for some work. She was collecting the household articles as they were vacating the said house. She called their neighbour Ashish (present petitioner) who
came to the room and bolted the room from inside. He did wrongful act with her against her wishes and further threatened her not to tell anybody about it. In the meantime, her husband came on the spot and she disclosed everything to him. Thereafter, the matter was reported to the police. 3.
Learned counsel for petitioner denied the allegations. Admittedly, the prosecutrix along with her husband was residing in the neighbourhood, she used to borrow money to recharge mobile phone and for online shopping. Since, the prosecutrix was shifting to another house, he demanded back his money and in return he is falsely implicated in this case. Petitioner is a student of BBA, his Identity Card is Annexure P-4. He has placed on record documents regarding recharge of mobile phone and detail of online shopping (Annexure P-5 and P-6). The call detail record of petitioner and respondent No.2 is Annexure P-7. It is submitted that petitioner has not committed any forcible rape. He has already joined the investigation in compliance of order dated 27.03.2025 passed by this court and will abide by the orders of court. 4.
Learned counsel representing State has filed status report. Learned counsel representing respondent No.2 has also filed separate reply to oppose the anticipatory bail petition filed by the petitioner. Learned counsel representing State assisted by learned counsel for respondent No.2 opposed the anticipatory bail petition on the ground that there are specific serious allegations against the petitioner. Therefore, he is not entitled to the concession of anticipatory bail. Learned counsel representing state confirmed that in pursuance of order dated 27.03.2025 petitioner has joined the investigation on 31.03.2025.
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I have considered the aforesaid factual position. The case is at the stage of investigation. Petitioner was granted interim bail vide order dated 27.03.2025 and in pursuance of the same, petitioner has already joined the investigation on 31.03.2025. He is not required for any other purpose. The facts narrated by prosecutrix and the defence raised by petitioner/accused will be looked into at a later stage. No purpose would be served by sending the petitioner behind the bars when he has already joined the investigation and he is still ready to abide by the terms of bail order. Therefore, interim bail already granted in favour of petitioner vide order dated 27.03.2025 stands confirmed subject to the conditions detailed under Section 482(2) BNSS. 6.
Petition is accordingly disposed of. 7.
Pending miscellaneous application(s), if any, stand disposed of accordingly as well.
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