Vicky v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 07.05.2025 VICKY

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Dinesh Mahajan, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG Punjab.

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

Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.18 dated 23.03.2025 under Sections 74, 75 of BNS, 2023 and Sections 8 & 12 of POCSO Act, 2019 registered at Police Station Taragarh, Pathankot.

2.

This Court while issuing notice of motion on 22.04.2025 passed the following order:- "Apprehending arrest the petitioner has filed this petition under Section Section 482 of BNSS, 2023 for grant of anticipatory bail in case FIR No.18 dated 23.03.2025 registered under Sections 74, 75 of BNS, 2023 and Sections 8 & 12 of POCSO Act at Police Station Taragarh, Pathankot.

Learned counsel for the petitioner inter alia submits that the petitioner, who is a neighbour of the prosecutrix and hence known to her, has been falsely implicated in the present case on the statement of the prosecutrix regarding an alleged occurrence dating back to 21.08.2024, i.e. 07 months prior to the registration of the present FIR. He further submits that now the matter has been amicably settled between the parties and their families. Notice of motion.

Upon advance notice, Mr. Davinder Bir Singh, Sr. DAG Punjab accepts notice on behalf of respondent No.1/State and Ms. Rimple Saini, Advocate has put in appearance on behalf of the complainant and files her Power of Attorney. She has admitted the factum of compromise.

Adjourned to 07.05.2025.

In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS:- i) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

ii) That the petitioner 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 from disclosing such facts to the court or to any police officer. iii) That the petitioner shall not leave India without prior permission of the Court."

3.

Learned State counsel on instructions from ASI Satpal submits that in compliance of order dated 22.04.2025, the petitioner has joined the investigation and is not required for any further investigation. 4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 22.04.2025 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the petitioner 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. 6.

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.

7.

The accused/petitioner 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.

8.

The accused/petitioner shall not leave India without prior permission of the Court.

9.

The accused/petitioner shall join the investigation as and when called by the police.

10.

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 (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 07.05.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No