Jyoti v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 19.12.2024 Jyoti

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Prateek Sharma, Advocate for Mr. Maninder Singh Saini, 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.53 dated 05.06.2023 registered for offences punishable under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, at Police Station Satnampura, Phagwara, District Kapurthala, Punjab.

2.

On 29.11.2024, the following order was passed:- "Apprehending her arrest in FIR No.53 dated 05.06.2023 registered for offences punishable under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, at Police Station Satnampura, Phagwara, District Kapurthala, Punjab; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

Inter alia contends that the petitioner is a lady aged 32 years and has been falsely implicated into the FIR in question; the sole basis of implicating the petitioner is the disclosure statement made by a co-

accused, namely, Sushil Sharma & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh Thind, AAG, Punjab, appears and accepts notice on behalf of the respondent-State. Adjourned to 19.12.2024.

The petitioner is directed to appear before the Investigating Officer on 04.12.2024 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 her 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. She 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 Harjinder Singh, has stated that pursuant to the order dated 29.11.2024, 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 29.11.2024 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 19.12.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No