Rajanpreet Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 29.05.2025 RAJANPREET SINGH

...Petitioner

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

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

Mr. Ajay Chauhan, Advocate and Mr. Rishabh Bhandari, Advocate for respondent No.2. ***** KIRTI SINGH , J. (Oral) 1.

Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.1 dated 16.01.2025, under Sections 406, 498-A and 120-B IPC, registered at Police Station NRI, District Amritsar.

2.

This Court while issuing notice of motion on 16.05.2025 passed the following order:- "Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.1 dated 16.01.2025, under Sections 406, 498-A and 120-B IPC, registered at Police Station NRI, District Amritsar. 2.

Learned counsel for the petitioner, inter alia, submits that the petitioner was earlier granted anticipatory bail vide order dated 05.03.2025, passed by the learned Additional Sessions Judge, Amritsar. However, the same was not made absolute on the ground that the petitioner had allegedly threatened the father of respondent No.2 over a phone call. It is submitted that the misdemeanor was not because the petitioner was in an inebriated state as has been alleged, rather due to acute mental distress that the petitioner was under, given the continuous emotional harassment he was facing matrimonial discord with respondent No.2. He further submits that the petitioner has tendered his unconditional apology and undertakes to mend his ways. 3.

Notice of motion.

4.

Ms. Aakanksha Gupta, AAG, Punjab, waives service of notice on behalf of respondent No.1-State and seeks time to file response. Mr.

Rishab Bhandari, Advocate has put in appearance on behalf of respondent No.2 and files his Vakalatnama in Court today, which is taken on record. 5.

List on 29.05.2025.

6.

In the meantime, arrest of the petitioner shall remain stayed and he shall join investigation before the Investigating Agency/Officer and shall also abide by the following conditions as envisaged under Section 482(2) BNSS:-

1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

2) 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.

3) That the petitioner shall not leave India without prior permission of the Court."

3.

Short reply dated 28.05.2025 has been filed by learned State counsel, in Court today, which is taken on record. Learned State counsel on instructions from ASI Prem Singh submits that in compliance of order dated 16.05.2025, 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 16.05.2025 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) 29.05.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No