Amit v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 30.09.2024 Amit

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Nakul Sharma, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 43 dated 06.05.2024, registered for offences under Sections376/323/34 of the IPC, at Police Station Cantt. Ferozepur, District Ferozepur.

2.

On 30.08.2024, the following order was passed:- Apprehending his arrest in FIR No. 43 dated 06.05.2024 registered for offences punishable under Sections 376/323/34 IPC at Police Station Cantt. Ferozepur, District Ferozepur; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter alia contends that genesis of the FIR in question is the family dispute between the brothers; the allegations of rape have been made to lend severity to the case; no recovery is to be effected from the petitioner & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice on behalf of the respondent-State. Adjourned to 30.09.2024.

The petitioner is directed to appear before the Investigating Officer on 04.09.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023."

3.

Learned State counsel, on instructions from ASI Raman Kumar, has stated that pursuant to the order dated 30.08.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

In view of above, the present petition stands allowed and the interim order dated 30.08.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 5.

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

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section Section 482(2) of BNSS. or upon showing any other sufficient cause.

7.

This order shall also enure in respect of offence under Section 117(2) of BNS, 2023.

8.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9.

Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 30.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No