Bibo Bai And Others v. State Of Punjab

CRM-M No.39512 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.39512 of 2025 Date of decision : 22.8.2025 Bibo Bai and others .............Petitioners

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. D.S. Virk, Advocate, for the petitioners Mr. Baljinder Singh Sra, Addl. AG, Punjab Mr. L.S. Sekhon, Advocate, for the complainant --- SUMEET GOEL, J. (ORAL) 1.

On 24.7.2025, the following order was passed: Apprehending their arrest in FIR No.70 dated 08.07.2025 registered for offences punishable under Sections 303(2), 329(3), 324(4), 62, 61(2) of BNS 2023 at Police Station Sadar Rajpura, District Patiala; the petitioners have preferred the present petitions under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioners, inter alia, contends that the genesis of the FIR in question is of civil dispute which has given the colour of criminal litigation to exert undue pressure upon the petitioners & the petitioners are willing to join investigation and cooperate therein. Notice of motion.

On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjabs has entered appearance on behalf of the respondent-State of Punjab.

Adjourned to 21.08.2025.

The petitioners are directed to appear before the Investigating Officer on 31.07.2025 at 11:00 A.M. in concerned Police Station and join

CRM-M No.39512 of 2025 -2investigation. In the event of arrest, the petitioners shall be released on interim bail subject to furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioners shall join the investigation. They shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Photocopy of this order be placed on the file of other connected case(s).' 2.

Learned State counsel (on instructions from ASI Jujhar Singh) submits that pursuant to the order dated 24.7.2025, the petitioners have joined investigation and are no longer required for custodial interrogation. 3.

Learned counsel for the complainant has filed his vakalatnama on behalf of the complainant. The same be kept on record. Learned counsel has vociferously opposed the grant of anticipatory bail on the ground that the allegations levelled against the petitioners are serious in nature. In case the petitioners are enlarged on bail, there is all likelihood of the petitioners to abscond from the process of justice and to influence the prosecution witnesses.

4.

Keeping in view the entirety of the facts and circumstances of the case, especially the factum that the petitioners have joined investigation and their custodial interrogations is not being required, the interim order dated 24.7.2025, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. The petition is accordingly allowed.

5.

This order should not be treated as "blanket" order. It will not be read granting petitioners indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any

CRM-M No.39512 of 2025 -3other 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 petitioners violates any condition stipulated under Section 482(2) of BNSS 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 22.8.2025 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No