Saleen Alias Raseen Gill v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 19.12.2024 Saleen @ Raseen Gill

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

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

Mr. Ramdeep Partap Singh, Advocate for the complainant. *** 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. 0127 dated 29.08.2024 registered for offences punishable under Sections 137(2), 87, 49 of BNS, 2023 at Police Station City Gurdaspur, District Gurdaspur. 2.

On 03.12.2024, the following order was passed:- "Apprehending his arrest in FIR No. 0127 dated 29.08.2024 registered for offences punishable under Sections 137(2), 87, 49 of BNS, 2023 at Police Station City Gurdaspur, District Gurdaspur; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter-alia contends that that the petitioner is a young man aged 21 years with no criminal antecedents, the petitioner and the victim had consensual friendship with each other which was not to the liking of the family of the victim and hence the petitioner has been falsely implicated into the FIR in question, the victim has not made any

inculpatory statement against the petitioner under Section 183 of BNSS, 2023 & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, 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 05.12.2024 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 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 Jagjeet Singh, has stated that pursuant to the order dated 03.12.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

Learned counsel for the complainant have vociferously opposed the grant of anticipatory bail to the petitioner. Learned counsel for the complainant has iterated that in case the petitioner is granted the concession of anticipatory bail there is every likelihood that he may threaten the complainant and also intimidate the witnesses.

5.

Keeping in view the entirety of facts and circumstances of the case, especially the factum of petitioner having joined investigation and not being required for custodial interrogation, the present petition stands allowed and the interim order dated 03.12.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023.

6.

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. 7.

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.

8.

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