Anish @ Mufeed v. State Of Haryana And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 15.07.2025 ANISH @ MUFEED
...Petitioner
Versus
STATE OF HARYANA AND ANOTHER
...Respondents
CORAM:
HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Inderjeet Singh, Advocate for the petitioner. Mr. Anmol Malik, DAG, Haryana.
Mr. Jamsheed Ahmed, Advocate for respondent No.2. ***** 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.156 dated 24.04.2025 under Sections 4 and 6 (added later) of POCSO Act and Sections 351(3) and Section 69 (added later) of BNS, registered at Police Station Sadar Yamuna Nagar, District Yamuna Nagar.
2.
This Court while issuing notice of motion on 22.05.2025 passed the following order:- "Apprehending arrest in FIR No.156 dated 24.04.2025, under Sections 4 and 6 (added later) of POCSO Act and Sections 351(3) and Section 69 (added later) of BNS, registered at Police Station Sadar Yamuna Nagar, District Yamuna Nagar, the petitioner has preferred this petition under Section 482 BNSS, 2023 for grant of pre-arrest bail.
Learned counsel for the petitioner inter alia submits that the present FIR was registered on the statement of the prosecutrixrespondent No.2 alleging that the petitioner committed wrong acts with her on the false pretext of marriage. It is submitted that the petitioner and the prosecutrix being neighbours were known to each other. However, their idea of getting married could not materialize, leading the prosecutrix to falsely implicate the petitioner in the present case.
Notice of motion.
Served with an advance copy of the petition, Ms. Mahima Yashpal, DAG, Haryana, accepts notice on behalf of the respondent No.- State and seeks time to file status report. Mr. Jamsheed Ahmed, Advocate, puts in appearance on behalf of respondent No.2 and has filed his vakalatnama. The same is taken on record.
Adjourned to 15.07.2025.
Meanwhile, the arrest of the petitioner shall remain stayed. He shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;-
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 to the case so as to dissuade him from disclosing such facts to Court or to any police officer.
3) That the petitioner shall not leave India without prior permission of the Court.
Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner." 3.
Learned State counsel on instructions from SI Meneka submits that in compliance of order dated 22.05.2025, 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 22.05.2025 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) 15.07.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No