Neeraj Kumar v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (209-1) Date of Decision: 28.11.2025 Neeraj Kumar ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Vaibhav Goel, Advocate, Mr. Sarthak Dubey, Advocate, Ms. Vijeta Singh, Advocate and Mr. Navnoor Singh, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. Amit Dhawan, Advocate for the complainant.

**** 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. 38 of 2025 dated 15.5.2025, under Sections 406 and 498-A IPC, registered at Police Station Women, District Police Commissionerate, Jalandhar. 2.

While issuing notice of motion, the following order was passed by a co-ordinate Bench of this Court on 02.7.2025:- "Learned counsel appearing on behalf of the petitioner submitted that in CRM-M-33591-2025, the parents and the brother of the petitioner have been granted interim anticipatory bail by this Court on 01.07.2025. He further submitted that the allegations against the petitioner are totally vague and due to incompatibility between the couple, the relationship turned sour and due to malice, the present

-2FIR was registered. He also submitted that he has specific instructions from the petitioner to state that he will not only join the investigation but will also cooperate with the investigation process and the entire Istridhan which is with the petitioner or with the parents of the petitioner shall be returned to the complainant at the time of joining the investigation.

Notice of motion.

Mr. Jasjit Singh, learned Deputy Advocate General, Punjab accepts notice on behalf of the State of Punjab and prays for some time to file reply.

At this stage, Mr. Rajiv Vij, Advocate has appeared on behalf of the complainant and has submitted that there are specific allegations against the petitioner with regard to not only non-return of the Istridhan but also with regard to acts of cruelty and demand of dowry as well. He also submitted that he may be granted some time to file an affidavit in the present case. The State and the complainant may file their respective affidavits before the next date of hearing with an advance copy to the learned counsel for the petitioner.

Adjourned to 27.10.2025.

To be heard alonwith CRM-M-33591-2025.

In the meantime, the arrest of the petitioner shall remain stayed."

3.

Vide order dated 27.10.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "Status report dated 25.10.2025 has been filed by learned State counsel, in Court today, which is taken on record. A copy thereof has been handed over to the learned counsel for the parties. 2.

Learned counsel for the parties submit that there are chances of amicable resolution to the dispute and the matter may be referred to Mediation and Conciliation Centre, Jalandhar. 3.

In view of the above, the parties are directed to appear before Mediation and Conciliation Centre, Jalandhar on 14.11.2025 at 11:00 AM to explore the possibilities of compromise. 4.

For awaiting report, list on 28.11.2025.

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In the meanwhile, the petitioner shall join investigation before the Investigating Agency/Officer and shall also abide by the following conditions as envisaged under Section 482(2) BNSS:-

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 of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court.

6.

Interim order to continue."

4.

Learned State counsel on instructions from ASI Shishpal Singh, submits that in compliance of order dated 27.10.2025, the petitioner has joined the investigation on 21.11.2025 and is not required for any further investigation.

5.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 27.10.2025 passed by this Court, is hereby made absolute.

6.

This order should not be treated as "blanket" order. It will not be read 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. 7.

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(s).

8.

The accused-petitioner(s) 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.

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The accused-petitioner(s) shall not leave India without prior permission of the Court.

10.

The accused-petitioner(s) shall join the investigation as and when called by the police.

11.

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, 2023 (erstwhile Section 439(2) of Cr.P.C.) to arrest the accused-petitioner(s), in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 12.

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

(KIRTI SINGH) JUDGE November 28, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No