Kapil Dev v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-45825-2024 Date of decision: January 21st, 2025 Kapil Dev .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sandeep Singh Jattan, Advocate for the petitioner.

Mr. H.S. Deol, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case FIR No.295 dated 17.08.2024 under Section 25 of the Arms Act, 1959, registered at Police Station City Kharar, District S.A.S. Nagar.

2.

While issuing notice of motion on 13.09.2024, following submissions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner submits that the petitioner was named in a disclosure statement allegedly suffered by co-accused, who was apprehended by the police; the evidentiary value of the disclosure statement is of a weak nature."

3.

Thereafter, vide order dated 27.09.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation.

PUNEET SACHDEVA 2025.01.21 14:21 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-45825-2024 -24.

Learned counsel for the petitioner submits that in compliance of order dated 27.09.2024, the petitioner has joined investigation and cooperated with the investigating agency. 5.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

6.

In view of the above, the petition is allowed and interim order dated 27.09.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

January 21st, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.01.21 14:21 I attest to the accuracy and integrity of this document Chandigarh