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High Court of Punjab and HaryanaCRM-M/33079/2025allowed

Narender Alias Narender Kumar v. State Of Haryana

2025-09-04Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 04.09.2025 Narender alias Narender Kumar . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Raman Chawla, Advocate for the petitioner(s).

Mr. Amish Sharma, AAG, Haryana assisted by SI Suresh/395, P.S. City Safidon, Distt. Jind. **** SANJAY VASHISTH , J. (Oral) 1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner (s) FIR No.

Date Section(s) Police Station District Narender alias Narender Kumar 25.03.2025 305 of BNS, 2023 City Safidon Jind 2.

On 23.06.2025, following order was passed:- "1.

Present petition has been filed by the petitioner namely Narender @ Narender Kumar, aged about 37 years, seeking grant of anticipatory bail in case bearing FIR No.46, dated 25.03.2025, under Section(s) 305 of BNS, 2023, registered at Police Station City Safidon, District Jind. 2.

As per allegations, 3-4 boys who also boarded the bus with the complainant namely Neety, had taken out the purse from the bag while travelling in Bus bearing registration No.HR-56GV-1923 near Labh Singh Hotel. On the basis of suspicion that those four boys might have stolen the purse, FIR was registered.

3.

Without delving much into the merits of the case, counsel for the petitioner submits that learned Additional Sessions Judge, Jind, vide order dated 21.05.2025, had granted interim anticipatory bail to the petitioner, directing him to join the investigation while imposing certain conditions. The matter was then adjourned with a direction to seek a police report for 23.05.2025. Thereafter, the petitioner requested an additional two days to comply with the direction to join the investigation. However, despite the extension being granted, petitioner failed

- 2 - to appear and join the investigation within the stipulated period. Consequently, learned Additional Sessions Judge, Jind, declined to extend the benefit of anticipatory bail and dismissed the petition, vide order dated 26.05.2025. 4.

Notice of motion.

On advance notice, Mr. Rajiv Sidhu, DAG, Haryana, puts an appearance on behalf of the respondent/State, and seeks some time to file status report in the matter.

5.

Prima facie, it appears that present anticipatory bail petition is not maintainable, as the concession of anticipatory bail had already been granted by learned lower Court, which had also extended the time period for the petitioner to join the investigation. Despite this, petitioner failed to comply with the directions. However, considering the repeated submissions made by the petitioner and in order to avoid unnecessary consumption of the Court's time and multiplicity of litigation, petitioner is granted one more final opportunity to join the investigation on or before 10.07.2025, failing which no further opportunity shall be granted in this regard. In the event of his arrest, petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 6.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 7.

List again on 04.09.2025, to enable learned State counsel to file status report in the matter."

3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 23.06.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4.

Learned State counsel on instructions, confirms the said averment made by learned counsel for the petitioner of joining the investigation on 27.06.2025, by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

5.

Heard learned counsel for the parties.

6.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 23.06.2025, passed by this Court is hereby made absolute. Accordingly,

- 3 - present petition is allowed.

However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

7.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE September 04, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No