Narender v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22806-2025 (O&M) Date of decision: 27.05.2025 Narender ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Vikram Rathore, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana.

Mr. Satbir Singh Kanwar, Advocate for the complainant.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.39 dated 29.01.2025 under Section 108 of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Asauda, District Jhajjar.

2.

On 30.04.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated in the present case and he has not met the deceased for the last 7-8 years. There is no abetment or instigation on the part of the petitioner immediately before suicide by the deceased. The petitioner has not played any role, which has close proximity with suicide by the deceased. Further, similarly situated co-accused of the petitioner, namely

Gulab, has already been granted the concession of anticipatory bail by this Court vide order dated 04.04.2025 passed in CRM-M-10456-2025 (Annexure P-3).

Notice of motion for 27.05.2025.

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law."

3.

Learned counsel for the complainant vehemently opposes the prayer of the petitioner for grant of anticipatory bail, however, learned State counsel, on instructions from ASI Sunil Kumar, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. 4.

In view of the statement of learned State counsel, order dated 30.04.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 27.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No