Salak Kaushal@Sumit v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-62322-2024 (O&M) Date of Decision: 23.01.2025 SALAK KAUSHAL@SUMIT

...Petitioner

Versus

STATE OF PUNJAB

...Respondents

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Munish Raj Choudhary, Advocate for the petitioner. Mr. R.S.Thind, DAG Punjab.

***** KIRTI SINGH , J. (Oral) 1.

Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.231 dated 08.11.2024 under Sections 64, 313(6), 115(2) and 351(2) of BNS registered at Police Station City Rajpura, District Patiala.

2.

The following order was passed on 12.12.2024:- "Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail in FIR No.231 dated 08.11.2024 under Sections 64, 331(6), 115(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'), registered at Police Station City Rajpura, District Patiala.

Learned counsel for the petitioner, inter alia, contends that the prosecutrix is a divorcee and a matured lady of 40 years of age, whereas the petitioner is 28 years of age. The prosecutrix engaged into consensual relationship with the petitioner and both of them started living in live-in relationship. Thereafter, due to some dispute between them, the petitioner has been falsely implicated in the present case and there is nothing available on record to remotely suggest that the petitioner has obtained consent of the prosecutrix under some misconception as provided under Section 28 of BNS (erstwhile Section 90 of the Indian Penal Code, 1860). The petitioner is not involved in any other case.

Notice of motion for 23.01.2025.

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, Arnab Manoranjan Goswami Vs. State of Maharashtra, (2021) 2 SCC 427, Satender Kumar Antil Vs. CBI, (2022) 10 SCC 51, Siddharam Satlingappa Mhetre Vs. State of Maharashtra and ors., 2010 SCC OnLine SC 1375 and Shri Gurbaksh

Singh Sibbia Vs. State of Punjab, (1980) 2 SCC 565, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer and the petitioner shall co-operate in the investigation. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the same on its own merits, strictly in accordance with law."

3.

Learned State counsel on instructions from SI Gurmeet Singh submits that in compliance of order dated 12.12.2024, the petitioner has joined the investigation and is not required for any further investigation. 4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 12.12.2024 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the 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.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

7.

The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

8.

The accused/petitioner shall not leave India without prior permission of the Court.

9.

The accused/petitioner shall join the investigation as and when called by the police.

10.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 23.01.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No