Gurpreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 21.10.2024 Gurpreet Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Bhavesh Aggarwal, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

Mr. Anmol Puri, Advocate for the complainant. *** 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. 86 dated 09.08.2024, registered for offences under Sections 115(2),118(1),118(2),74,298,3(5) of BNS, 2023, at Police Station Sadar Gurdaspur, District Gurdaspur. 2.

On 27.09.2024, the following order was passed:- "Inter alia contends that the role attributed to the petitioner is primarily giving of a simple injury; the petitioner has been falsely implicated into the FIR in question; the other FIR(s) registered against the petitioner pertain to Excise Act only in which the petitioner is already on bail & the petitioner is willing to join investigation and cooperate therein.

Adjourned to 21.10.2024.

The petitioner is directed to appear before the Investigating Officer on 03.10.2024 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 Bharatiya Nagarik Suraksha Sanhita, 2023." 3.

Learned State counsel, on instructions from ASI Harminder Singh, has stated that pursuant to the order dated 27.09.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that the allegations made against the petitioner are serious in nature and hence anticipatory bail ought not to be granted to the petitioner. He has further submitted that in case the petitioner is granted anticipatory bail there is every likelihood that he may threaten the complainant and interfering in the investigation. 5.

In view of above, the present petition stands allowed and the interim order dated 27.09.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 6.

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. 7.

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.

8.

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 21.10.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No