Sachin v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-54922-2024 (O&M) Date of Decision: 17.02.2025 SACHIN

...Petitioner

Versus

STATE OF HARYANA

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Sandeep Gahlawat, Advocate for the petitioner. Mr. Anmol Malik, DAG, Haryana.

Ms. Anjali, Advocate for complainant.

***** KIRTI SINGH , J. (Oral) 1.

Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.281 dated 06.07.2024 under Sections 76, 115, 333, 324(4), 351(2), 3(5) and 238(B) of BNS (Section 333 of BNS deleted later on and Sections 118(2) and 331(6) of BNS added later on), registered at Police Station Meham, District Rohtak.

2.

The following order was passed on 13.01.2025:- "Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.281 dated 06.07.2024 under Sections 76, 115, 333, 324(4), 351(2), 3(5) and 238(B) of BNS (Section 333 of BNS deleted later on and Sections 118(2) and 331(6) of BNS added later on) ), registered at Police Station Meham, District Rohtak.

2.

Mr. Devender Arya, Advocate, has put in an appearance on behalf of complainant and filed his power of attorney in Court today, which is taken on record, subject to all just exceptions. Office is directed to tag the same at the appropriate place.

3.

At the very outset, learned counsel for the petitioner submitted that the matter has been amicably settled between the parties and he also brought to the Court's notice that a quashing petition bearing No.CRM-M1400-2025 has already been filed. 4.

Learned counsel for the complainant confirmed the submissions

made by the petitioner's counsel and supported the claim of settlement. 5.

Notice of motion.

6.

Ms. Mahima Yaspal, DAG, Haryana waives service of notice on behalf of the respondent-State and seeks time to file reply. 7.

List on 11.02.2025.

8.

In the meantime, petitioner shall join investigation before the Investigating Agency/Officer. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. He shall abide by the following conditions as envisaged under Section 482 (2) of BNSS, 2023:-

1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court.

"

3.

Reply dated 10.02.2025 filed by learned State counsel is taken on record. He on instructions from SI Suresh Kumar submits that in compliance of order dated 13.01.2025, the petitioner has joined the investigation and is not required for any further investigation. 4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 13.01.2025 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the 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.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

7.

The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

8.

The accused/petitioner shall not leave India without prior permission of the Court.

9.

The accused/petitioner shall join the investigation as and when called by the police.

10.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 17.02.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No