High Court of Punjab and HaryanaCRM-M/55683/2025allowed

Ajay Kumar v. State Of Punjab

2025-11-06Mr. Justice Sumeet Goel3 pages

CRM-M No.55683 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.55683 of 2025 Date of decision : 6.11.2025 Ajay Kumar .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Simran Atwal, Advocate, for Mr. Ishnoor S. Bains, Advocate, for the petitioner Mr. Jaypreet Singh, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

On 30.9.2025, the following order was passed: 'Apprehending his arrest in FIR No.0196 dated 09.08.2025 registered for offences punishable under Sections 333, 115(2), 351(3) and 117(2) (added later on) of BNS 2023 at Police Station Sultanpur Lodhi, District Kapurthala; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated into the FIR in question assuming arguendo, the prosecution version available at this juncture is taken to be correct, the injury attributed to the petitioner is simple in nature & the petitioner is willing to join investigation and cooperate therein. Notice of motion.

On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab.

Adjourned to 06.11.2025 The petitioner is directed to appear before the Investigating Officer on

CRM-M No.55683 of 2025 -209.10.2025 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.' 2.

Learned State counsel (on instructions) submits that pursuant to the order dated 30.9.2025, the petitioner has joined investigation but his custodial interrogation is required for recovering the weapons in question. 3.

Having heard learned counsel for the parties and upon perusal of the record, especially keeping in view the factum that the petitioner has joined investigation and his custodial interrogation is sought only for recovery of the weapon allegedly used in question; this Court is inclined to confirm the order dated 30.9.2025.

In view of the above, the instant petition is allowed. The interim order dated 30.9.2025, passed by this Court is hereby confirmed, subject to the conditions as enumerated under Section 482(2) of BNSS. 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 or upon showing any other sufficient cause.

CRM-M No.55683 of 2025 -37. 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 6.11.2025 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No