Harinder Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 07.11.2024 Harinder Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Harsh Chopra, Advocate for the petitioner. (Through V.C.) 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. 0071 dated 18.06.2024 registered for offences punishable under Sections 366,376,506,511 IPC at Police Station Nangal, District Rupnagar.

2.

On 05.09.2024, the following order was passed:- "Apprehending his arrest in FIR No. 0071 dated 18.06.2024 registered for offences punishable under Sections 366,376,506,511 IPC at Police Station Nangal, District Rupnagar; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter alia contends that there was consensual relationship between the petitioner and the victim before the victim got married to another person; the petitioner and the victim were carrying on with their friendship even after the marriage of the victim with another person and the same turned sour later on on account of which the FIR in question has been got registered

against the petitioner; no recovery is to be made 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 14.10.2024.

The petitioner is directed to appear before the Investigating Officer on 10.09.2024 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 has filed a communication from the concerned SHO stating therein that respondent No. 2 has been informed. The same be taken on record as Annexure 'A'. Learned State counsel, on instructions from SI Sartaj Singh, has stated that pursuant to the order dated 05.09.2024, 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 05.09.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 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 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 07.11.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No