Jyoti Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 05.05.2025 JYOTI SINGH

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Vipul Aggarwal, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG 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.62 dated 12.06.2024 under Sections 354-A, 354-D, 452 and 506 IPC and Section 8 of POCSO Act, 2019 registered at Police Station Bhindi Saidan, District Amritsar Rural. 2.

This Court while issuing notice of motion on 26.03.2025 passed the following order:- "Apprehending arrest the petitioner has filed this petition under Section Section 482 of BNSS, 2023 for grant of anticipatory bail in case FIR No. 62 dated 12.06.2024 registered under Sections 354-A, 354-D, 452, 506 IPC and Section 8 of POCSO Act, 2019 at Police Station Bhindi Saidan, District Amritsar Rural. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the present case to put pressure upon the petitioner as well as his family members, on the statement of the victim, levelling allegations of sexual harassment. He further submits that there is delay of two days in lodging the FIR, and that the petitioner was juvenile at the time of commission of offence and his date of birth is 03.03.2007.

Per contra, learned State counsel opposed the prayer made by learned counsel for the petitioner and submits that the petitioner does not deserve the concession of anticipatory bail. Adjourned to 05.05.2025.

In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the

Arresting Officer/Investigating Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS:- i) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

ii) That the 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 from disclosing such facts to the court or to any police officer. iii) That the petitioner shall not leave India without prior permission of the Court."

3.

Learned State counsel on instructions from ASI Ranjit Singh submits that in compliance of order dated 26.03.2025, 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 26.03.2025 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) 05.05.2025 JUDGE Kavita Nain Whether speaking/reasoned Yes/No Whether reportable Yes/No