Rajesh Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-58379-2025 (O&M) Date of decision: 08.12.2025 RAJESH KUMAR ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Saurav Khurana, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

***** AMAN CHAUDHARY, J. (Oral) 1.

On 16.10.2025, this Court had passed the following order:- "The present petition has been filed under Section now 482 of BNSS, 2023 for grant of pre-arrest bail to the petitioner in FIR No.93 dated 12.04.2025 registered under Sections 109, 115(2), 118(1), 117(2), 126(2), 351(3), 191(3), 190, 61(2) of BNS, 2023 and Section 238,49 of BNS, 2023 added lateron at Police Station Dera Bassi, SAS Nagar.

Learned counsel submits that the petitioner though named in the FIR, however, neither any specific role has been attributed nor was he present at the spot and is not shown to be present in the CCTV footage. He has been implicated due to party faction. There is nothing to connect him with the alleged occurrence. Similar circumstanced coaccused have been granted anticipatory bail by this Court vide Annexures P-2 and P-3. The petitioner is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, Ms. Gagandeep Kaur, DAG, Punjab, accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 28.10.2025. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 08.12.2025."

ASHOK KUMAR 2025.12.08 19:13 I attest to the accuracy and integrity of this document

CRM-M-58379-2025 (O&M) -22.

Learned counsel submits that in pursuance of the afore-mentioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel on instructions from SHO Sumit Mor affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 16.10.2025 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023.

5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) 08.12.2025 JUDGE ashok Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2025.12.08 19:13 I attest to the accuracy and integrity of this document