Deepak v. State Of Haryana
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 08.09.2025 Deepak . . . Petitioner(s)
Versus
State of Haryana . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Aditya Jain, Advocate for the petitioner(s).
Mr. PK Jhanda, Sr. DAG, Haryana.
**** 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 Deepak 163 14.06.2025 384, 506 of IPC, 1860, Manesar Gurugram and Section 6 of POCSO Act, 2012 2.
On 16.07.2025, following order was passed:- "
This petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in case FIR No. 163 dated 14.06.2025 under Sections 384, 506 IPC and Section 6 of POCSO Act, 2012 registered at Police Station Manesar Gurugram, Haryana.
The case of the prosecution is that one Lalit @ Chintu had sodomized the complainant's minor son, aged about 15 years. The allegation against the petitioner is that he is involved in the conspiracy along with the main accused who committed the offence.
Learned counsel for the petitioner submits that the father of the victim boy is brother of the present petitioner and there is dispute with regard to the share of the property amongst the brothers. He further submits that the
- 2 - petitioner has falsely been implicated in the FIR. The only allegation against the petitioner is that petitioner knew everything about the incident specifically the actions of Lalit towards the victim boy.
Notice of motion.
On the asking of the Court, Ms. Ankita, Ahuja, AAG, Haryana accepts notice on behalf of the State.
Adjourned to 08.09.2025.
In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation as and when required and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Officer, subject to the following conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]:- i) that the petitioner shall make himself available for interrogation by a police officer as and when required;
ii) 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/her from disclosing such facts to the Court or to any police officer;
iii) that the petitioner shall not leave India without the prior permission of the Court; iv) such other condition as may be imposed under sub-section (3) of Section 480, as if the bail were granted under that section." 3.
Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 16.07.2025, 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 06.08.2025, 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
- 3 - 16.07.2025, passed by this Court is hereby made absolute. Accordingly, 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 08, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No