Hardev Singh (Prince) v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 01.12.2025 HARDEV SINGH (PRINCE)

...Petitioner

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. P.P.S.Duggal, Advocate for the petitioner. Mr. Luvinder Sofat, Sr. DAG, Punjab.

Mr. Amit Puri, Advocate for respondent No.2.

***** 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.0083 dated 14.10.2025, under Section 376 IPC, registered at Police Station Women Cell, Police Commissionerate, Amritsar.

2.

This Court while issuing notice of motion on 11.11.2025 passed the following order:- "Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No. 0083 dated 14.10.2025, under Section 376 IPC, registered at Police Station Women Cell, Police Commissionerate, Amritsar. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the instant case. In fact, the petitioner and respondent No. 2 were living in a live-in relationship since April 2022. It is submitted that both the petitioner and respondent No.2 were already married, and the factum of earlier marriage of the petitioner, was in the knowledge of respondent No. 2. However, on account of some misunderstanding, the present FIR has been got lodged by respondent No.2. It is further submitted that now a compromise has been effected between the parties, and in that regard reliance is placed on the affidavit of respondent No. 2 and the compromise deed annexed as Annexreus P-2 and P-3 respectively. Notice of motion.

Served with an advance copy of the petition, Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file reply.

Mr. Amit Puri, Advocate puts in appearance on behalf of respondent No. 2 and files his power of attorney, which is taken on record. Learned counsel for respondent No.2 has not disputed the averments made by respondent No. 2.

Adjourned to 01.12.2025.

In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;- (1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so. (2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer. (3) That the petitioner shall not leave India without prior permission of the Court.

Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner." 3.

Status report dated 29.11.2025 has been filed by learned State counsel in Court today, which is taken on record. He on instructions from ASI Poonam Sharma submits that in compliance of order dated 11.11.2025, 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 11.11.2025 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) 01.12.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No