Vishal v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 21.11.2024 Vishal

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Sumit Chaudhary, Advocate for the petitioner. Ms. Priyanka Sadar, AAG, Haryana.

*** 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. 172 dated 22.05.2024 registered for offences punishable under Sections 328,376(2)(n),506 IPC at Police Station Tosham, District Bhiwani, Haryana. 2.

On 19.09.2024, the following order was passed:- "Apprehending his arrest in FIR No. 172 dated 22.05.2024 registered for offences punishable under Sections 328,376(2) (n),506 IPC at Police Station Tosham, District Bhiwani, Haryana 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, in order to buttress this argument, learned counsel for the petitioner has relied upon a live-in deed (copy whereof has been appended as Annexure P2) with the instant petition, photographs (copy whereof has

been appended as Annexure P-3) as also whatsapp chat (copy whereof has been appended as Annexure P-4) between the petitioner and the complainant, 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, Ms. Mahima Yashpal, DAG, Haryana appears and accepts notice on behalf of the respondent-State. Adjourned to 06.11.2024.

The petitioner is directed to appear before the Investigating Officer on 24.09.2024 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."

On 06.11.2024, the following order was passed:- "Learned State counsel, on instructions from ASI Birmati,submits that the petitioner has joined investigation, but is not co-operating therein.

Faced with this situation, learned counsel for the petitioner submits that the petitioner shall re-join investigation and cooperate therein in accordance with law. The petitioner is directed to re-join investigation on 08.11.2024 at 11 a.m. before the concerned Investigating Officer in the concerned police station.

Adjourned to 21.11.2024.

Interim order to continue."

3.

Learned State counsel, on instructions from SI Sushila Devi, has stated that pursuant to the order dated 19.09.2024, 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 19.09.2024 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 21.11.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No