Vikram Saini Alias Bikram Saini v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 31.07.2025 VIKRAM SAINI ALIAS BIKRAM SAINI

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Japjit Singh Johal, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG Punjab.

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

Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case in case FIR No. 120 dated 22.04.2025, under Sections 126(2) and 115(2) of BNS, registered at Police Station City Hoshiarpur, District Hoshiarpur, wherein vide GD No. 27 dated 29.5.2025 Section 74 of BNS has been added later on. 2.

This Court while issuing notice of motion on 01.07.2025 passed the following order:- "Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No. 120 dated 22.4.2025, under Sections 126(2) and 115(2) of BNS, registered at Police Station City Hoshiarpur, District Hoshiarpur, wherein vide GD No. 27 dated 29.5.2025 Section 74 of BNS has been added later on.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case. There is an inordinate delay of 09 days in lodging the present FIR. It has also been submitted that there is a property dispute between the father of the petitioner namely Davinder Kumar Saini and the uncle of the petitioner, who is the present complainant and the instant FIR has been lodged to pressurize the father of the petitioner to give up the said property. Initially, the present FIR was lodged under Sections 126(2) and 115(2) of BNS and the petitioner had already joined investigation on 26.4.2025. However, subsequently the offence under Section 74 of BNS was added in the present FIR vide GD No. 27

dated 29.5.2025 after an inordinate delay of more than nine months from the registration of the present FIR.

Notice of motion.

Served with an advance copy of the petition, Mr. Tarun Aggarwal, Addl. A.G., Punjab accepts notice on behalf of the respondent-State and seeks time to file reply. Adjourned to 31.7.2025.

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.

Status report dated 30.07.2025 has been filed by learned State counsel, in Court today, which is taken on record. Learned State counsel on instructions from investigating officer submits that in compliance of order dated 01.07.2025, the petitioner has 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 01.07.2025 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 petitioner 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 petitioner.

7.

The accused/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 or her from disclosing such facts to the Court or to any police officer.

8.

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

9.

The accused/petitioner 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) 31.07.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No