Gurpreet Singh @ Gopi v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 02.05.2025 GURPREET SINGH @ GOPI ....PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.Aazam Khan, Advocate for Mr. Ritesh Pandey, Advocate for the petitioner.

Mr. Iqbalpreet Singh, AAG, Punjab.

Ms. Pooja, Advocate for respondent No.2.

**** 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 FIR as under: - FIR No.

Dated Section Police Station 26.09.2024 109, 326(g), 190, 191(3), 332(b) of BNS 2023 Purana Shalla, District Gurdaspur 2.

Learned counsel for the petitioner submits that in compliance to the order dated 08.04.2025, the petitioner has joined the investigation.

3.

During the course of hearing on 08.04.2025, following order had been passed: - "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 26.09.2024 109, 326(g), 190, 191(3), 332(b) of BNS Purana Shalla, District Gurdaspur 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner having no criminal antecedents has been falsely implicated in this case. He contends that no injury whatsoever attracting the provisions of Section 109 BNS is made out in the facts and circumstances of the present case. He contends that the alleged injury attributed is on the little finger of the complainant and during the course of proceedings with the intervention of the respectables, compromise dated 12.01.2025 (Annexure P-3) has been effected between the parties. On the basis thereof, quashing petition, i.e. CRM-M-5012-2025, has been preferred by the parties which is pending for 02.05.2025. Hence, the instant petition.

3.

Notice of motion, returnable for 02.05.2025.

4.

On the asking of the Court, Mr. Rajinder Singh Bhatta, DAG, Punjab, present in Court, accepts notice on behalf of the State-respondent and prays for time to file the status report/reply in the matter.

5.

Mr. R.S. Pathania, Advocate, has entered appearance and filed the memo of appearance of Ms. Pooja, Advocate, for the complainant. The same is taken on record. 6.

Needful be done well before the date fixed with an advance copy to the counsel opposite.

7.

In the meanwhile, 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 the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS). 8.

Investigating Officer (concerned) to remain present in Court along with relevant records on the date fixed." 4.

Learned State counsel on instructions received from ASI Gurnam 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 08.04.2025 passed by this Court, interim bail granted vide order dated 08.04.2025 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