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High Court of Punjab and HaryanaCRM-M/31011/2025allowed

Narender Kumar v. State Of Haryana

2025-08-27Mr. Justice Anoop Chitkara2 pages

CRM-M-31011-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31011-2025 Decided on: 27.08.2025 Narender Kumar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. S.S. Momi, Advocate for the petitioner.

Mr. Atul Gaur, AAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 10.04.2025 Jhojhu Kalan, Distt.

Charkhi Dadri, Haryana 121(1), 132, 221, 324(4) of BNS (Section 121(2) of BNS was added) 1.

The petitioner apprehending arrest in the FIR captioned above, had come up before this Court under Section 482 BNSS seeking anticipatory bail. 2.

Vide order dated 29.05.2025, the petitioner was granted interim protection, which is continuing till date.

3.

Petitioner's counsel prays for bail by imposing any stringent conditions. The petitioner's counsel argued that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. He further submits that the petitioner has already joined the investigation and no recovery is pending.

4.

The State's counsel opposes the bail.

5.

The petitioner was granted interim protection, and during the interregnum, there is no allegation that he had intimidated the victim or victim's family or the witnesses or that he had hampered the investigation, or despite being called to join the investigation, he did not appear before the investigator. However, allegations are against petitioner of giving fist and hand blow to victim. Given the above, there would be no justification to discontinue the interim protection, and the same is made absolute subject to the petitioner complying with the terms of the bail order and the following additional conditions. JYOTI 2025.09.02 09:50 I attest to the accuracy and integrity of this order/judgment.

CRM-M-31011-2025 6.

The petitioner is directed to join the investigation as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

Petition allowed in aforesaid terms. Interim order dated 29.05.2025 is made absolute. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 27.08.2025 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2025.09.02 09:50 I attest to the accuracy and integrity of this order/judgment.