Varun Handa v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 29.04.2025 VARUN HANDA ....PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.Prateek Pandit, Advocate for the petitioner.

Mr. Rajinder Singh Bhatta, DAG, Punjab.

***** SANJIV BERRY, J.(ORAL) By way of present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'), the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: - FIR No. Dated Sections Police Station 11.07.2024 305, 331(4), 61(2), 33 of Hajipur, District Hoshiarpur BNS, 2023 (offence under Section 61(2), 33 of BNS added later on) 2.

Learned counsel for the petitioner submits that in compliance to the order dated 19.11.2024, the petitioner has joined the investigation.

3.

During the course of hearing on 19.11.2024, following order had been passed: - Learned State counsel on instructions from ASI Rakesh Kumar, Investigating Officer of the case present in Court submits that the petitioner may be allowed to join the investigation at this stage.

In view of the aforesaid statement, without commenting on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and cooperate in the same. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) BNSS.

List on 13.12.2024."

4.

Learned State counsel on instructions received from ASI Harbhajan Singh informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation.

5.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 19.11.2024 passed by this Court, interim bail granted vide order dated 19.11.2024 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. Further the petitioner is directed to join investigation as and when required in future by

way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

6.

The petition stands allowed.

7.

It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. (SANJIV BERRY) JUDGE 29.04.2025 anju i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No