Parvesh Kumar v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on: 17.03.2026 PARVESH KUMAR ......Petitioner
Versus
STATE OF PUNJAB ......Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. Ashok Kumar Khunger, Advocate, for the petitioner.
Mr. Iqbalpreet Singh, AAG, Punjab.
**** SANJAY VASHISTH, J.
1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner FIR No.
Date Section(s) Police Station District (s) Parvesh Kumar, aged about 20 years 22.09.2024 67-B of Information Technology Act, 2000 (offence under sections 66-E, 67, 67-A of IT Act, 14(1), 15(1), 15(3) of POCSO Act were added subsequently, vide rapat No.12 dated 01.11.2024) Cyber Crime Fazilka 2.
On 15.09.2025, following order was passed:- "2.
Counsel for the petitioner submits that primary allegations in the present case are against the co-accused, Vijay Pal, who, as per information
received from a secret informant, was allegedly involved in earning money through the sale and purchase of child pornography links while operating from his residence.
Petitioner's name is not mentioned in the FIR; however, it is alleged that the main accused, Vijay Pal, used to purchase child pornography videos and sell them in connivance with the petitioner, with whom he also shared the earnings. During the course of investigation, a pen drive containing the mobile number of Vijay Pal was recovered, which allegedly contained obscene photographs of children.
3.
It is further submitted that petitioner is a young boy, aged 20 years, with no history of involvement in any similar activity in the past. Subjecting him to custodial interrogation at such a formative stage of life may severely impact his future prospects and career.
4.
Counsel for the petitioner also argues that since, the only allegation against the petitioner is that he shared in the alleged earnings, and no other specific role is attributed to him, he cannot be said to have committed the offence with full knowledge of the source of the income. Moreover, petitioner is willing to join the investigation and fully cooperate with the authorities, if protected from arrest by this Court. Thus, counsel prays for grant of anticipatory bail to the petitioner in the present case.
5.
Notice of motion.
6.
On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
7.
Adjourned to 08.12.2025.
8.
Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
9.
Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."
3.
Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 15.09.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated.
He further submits that even the mobile phone has been handed over by the petitioner to the concerned Investigating Officer. Therefore, he prays for confirmation of the said interim anticipatory bail order.
4.
Learned State counsel on instructions from SHO Parmila Rani, confirms the said averment made by counsel for the petitioner of joining the investigation on 12.12.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.
5.
Heard learned counsel for the parties.
6.
Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 15.09.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.
However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 7.
Accordingly, petition stands disposed of.
However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport.
It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 17.03.2026 Lavisha Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO