Ravinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 11.12.2024 Ravinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

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

*** 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. 106 dated 29.06.2024 registered for offences punishable under Section 376 IPC at Police Station Civil Lines, Patiala, District Patiala.

2.

On 18.11.2024, the following order was passed:- "Apprehending his arrest in FIR No. 106 dated 29.06.2024 registered for offences punishable under Section 376 IPC at Police Station Civil Lines, Patiala, District Patiala; the petitioner has preferred this petition under Section 482 of BNSS seeking prearrest bail. Inter alia contends that there was consensual relationship earlier between the petitioner and the victim which turned sour due to supervening circumstances, the victim is a lady aged about 36/37

years and has a 15 year old child born out from the wedlock with her husband and hence it cannot be said that the victim has been mislead by the petitioner on account of extending a false promise of marriage & the petitioner is willing to join investigation and cooperate therein.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab has put in appearance and accepts notice on behalf of the respondentState. Adjourned to 11.12.2024.

The petitioner is directed to appear before the Investigating Officer on 21.11.2024 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."

3.

Learned State counsel, on instructions from ASI Mukhtyar Singh, has stated that pursuant to the order dated 18.11.2024, 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 18.11.2024 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 11.12.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No