Rajendro And Another v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 21.07.2025 RAJENDRO AND ANOTHER

...Petitioners

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. R.P.Chaudhary, Advocate for the petitioners. Ms. Aakanksha Gupta, AAG Punjab.

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

Apprehending his arrest the petitioners has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.99 dated 09.10.2024 under Sections 344, 354, 363, 366-A, 376(3), 420, 506 and 34 of IPC, 1860, registered at Police Station Sadar Rajpura, District Patiala. 2.

This Court while issuing notice of motion on 18.06.2025 passed the following order:- "Prayer in the present petition preferred by the petitioners under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the "BNSS") is for the grant of anticipatory bail in case FIR No.99, dated 09.10.2024 under Sections 344, 354, 363, 366-A, 376(3), 420, 506 and 34 IPC, registered at Police Station Sadar Rajpura, District Patiala.

Learned counsel for the petitioners inter alia submits that after petitioner No.2 and the complainant had solemnized marriage, they sought protection from the High Court of Allahabad, which was duly granted vide order dated 25.11.2022 (Annexure P-4). Reference has also been made to the photographs (Annexure P-5). He submits that from the wedlock, a child was also born. However, certain differences cropped up between petitioner No.2 and the complainant as a result of which, a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights (Annexure P-8) was also instituted by petitioner No.2. He submits that the allegations are, therefore, completely arbitrary and unfounded. He

further submits that the petitioners are willing to join investigation and abide by any condition imposed by this Court. Notice of motion.

Mr. Harkanwar Jeet Singh, AAG, Punjab, accepts notice on behalf of the respondent-State and prays for some time to seek instructions/submit response.

List on 21.07.2025.

In the meantime, the petitioners are directed to join investigation. In the event of arrest, they shall be released on interim bail to the satisfaction of the Arresting/Investigating Officer, subject to compliance of the provisions of Section 482(2) BNSS."

3.

Status report dated 17.07.2025 has been filed by learned State counsel, in Court today, which is taken on record. Learned State counsel on instructions submits that in compliance of order dated 18.06.2025, the petitioners have 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 18.06.2025 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 petitioners 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 petitioners.

7.

The accused/petitioners 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/petitioners shall not leave India without prior permission of the Court.

9.

The accused/petitioners 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) 21.07.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No