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High Court of Punjab and HaryanaCRM-M/30046/2026allowed

Sukhwinder Singh v. State Of Punjab

2026-05-29Ms. Justice Kirti Singh3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (201) Date of Decision: 29.05.2026 SUKHWINDER SINGH ......Petitioner

Versus

STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Ms. Anju Arora, Advocate, Ms. Alisha Arora, Advocate and Ms. Manpreet, Advocate for the petitioner.

Mr. Yadwinder Singh, AAG, Punjab.

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

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory bail to the petitioner, in case FIR No.157 dated 15.6.2025 under Sections 137(2), 96 of BNS (later on offence under Sections 9/10 of the Prohibition of Child Marriage Act, 2006 and Section 238 of BNS were added vide DDR No.24 dated 14.3.2026), registered at Police Station Sadar Fazilka, District Fazilka.

2.

Vide order dated 25.05.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No. 157 dated 16.5.2025 under Sections 137(2), 96 of BNS (later on offence under Sections 9/10 of the Prohibition of Child Marriage Act, 2006 and Section 238 of BNS were added vide DDR No. 24

-2dated 14.3.2026), registered at Police Station Sadar Fazilka, District Fazilka.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case being the brother of the main accused, who is alleged to have enticed away the minor daughter of the complainant and thereafter married her. The allegation against the petitioner is that he has forged the birth certificate of the of the minor prosecutrix, to substantiate which there is no material on record. It is submitted that the petitioner has not been named in the present FIR and has been nominated in the case on the basis of the disclosure statement of co-accused Kuldeep Singh, who has already been granted anticipatory bail. Moreover, the petitioner is neither the witness of the alleged marriage, nor he participated in the said marriage. Learned counsel submits that the petitioner is ready and willing to join the investigation. Notice of motion.

Served with an advance copy of the petition, Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file reply.

Adjourned to 29.5.2026.

In the meantime, the petitioner 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 ASI Suresh Tomar, submits that in compliance of order dated 25.05.2026, the petitioner has joined the investigation on 27.5.2026 and is not required for any further investigation.

4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 25.05.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS.

-35.

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

Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.

7.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE May 29, 2026 Ithlesh Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No