Gurpreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22711-2025 (O&M) Date of decision: 27.05.2025 Gurpreet Singh ....Petitioner

Versus

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

Present:

Mr. Sarabjot Singh Cheema, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.4 dated 20.03.2025 under Sections 67-A & 67-B of the Information Technology Act, 2000 (for short 'I.T. Act') and Section 15 of the Protection of Children from Sexual Offences Act, 2012 (added later on vide GD No.006 dated 07.04.2025), registered at Police Station Cyber Crime, District Shri Muktsar Sahib.

2.

On 06.05.2025, the following order was passed:- "XX XX XX XX In compliance of the order dated 29.04.2025 passed by this Court, status report by way of affidavit of Naveen Kumar, PPS, Deputy Superintendent of Police (CAW&C), Shri Muktsar Sahib, on behalf of the respondent-State has been filed in the Court today, which is taken on record and

copy thereof has been supplied to learned senior counsel for the petitioner.

Learned senior counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated in the present case. Custodial interrogation of the petitioner is not required, as his mobile phone, in which the offending material is stored, has already been taken into possession by the Investigating Officer and the same is sent for forensic examination on 30.01.2025. It is further contended that the petitioner has not circulated the offending videos or published the same, as such, offence under Sections 67A & 67-B of I.T. Act is not made out. Further, the petitioner undertakes to fully cooperate with the investigating agency. 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 State counsel, on instructions from Inspector Mukhtiar Singh, 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 06.05.2025 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