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High Court of Punjab and Haryana · body

2023 DAILYLAW 4869 (PNJ)

BHAVUK BHATIA v. STATE OF HARYANA

CRM-M/11049/2026 · 2026-03-06

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-11049 IN THE HIGH COURT OF PUNJAB & HARYANA 282 BHAVUK BHATIA STATE OF HARYANA CORAM:- HON'BLE Present:- M for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case Sections 316(2) and 318(4) of the Bharatiya Station Sector 2. On the BNSS, 2023 is for grant of anticipatory in case FIR No.02 dated 02.01.2026 registered under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sector petitioner has been falsely implicated in the present case. He argued that if the contents of the FIR are taken to be true, even 11049-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: BHAVUK BHATIA Versus HARYANA HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Sanpreet Sandhu, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.02 dated 02.01.2026 registered under Sections 316(2) and 318(4) of the Bharatiya Station Sector-17 Huda Jagadhri, District Yamuna Nagar On 26.02.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory in case FIR No.02 dated 02.01.2026 registered under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sector-17 Huda Jagadhri, District Yamuna Nagar. Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case. He argued that if the contents of the FIR are taken to be true, even IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-11049-2026 Date of decision: 06.03.2026 ….Petitioner ....Respondent MS. JUSTICE RUPINDERJIT CHAHAL Ms. Shaveta Sanghi, DAG, Haryana. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.02 dated 02.01.2026 registered under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, at Police 17 Huda Jagadhri, District Yamuna Nagar. following order was passed by this Court: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.02 dated 02.01.2026 registered under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, at 17 Huda Jagadhri, District Yamuna Nagar. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He argued that if the contents of the FIR are taken to be true, even ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.02 dated 02.01.2026 registered under Nyaya Sanhita, 2023, at Police Prayer in the present petition filed under Section 482 of bail to the petitioner in case FIR No.02 dated 02.01.2026 registered under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, at 17 Huda Jagadhri, District Yamuna Nagar. the petitioner has been falsely implicated in the present case. He argued that if the contents of the FIR are taken to be true, even GURPREET 2026.03.10 10:43 I attest to the accuracy and authenticity of this document. CRM-M-11049 then the dispute in the present case is of civil nature emanating out of agreement dated 10.05.2024, which has been given criminal colour by registering the present FIR. He further argued that the petitioner has no connection with the said land as the agrerement to sell and his name has been roped in the present FIR because he dug a borewell in the said land. He further submit complainant and co accused Didar Singh has already been granted the concession of anticipatory bail by this Court, vide order dated 19.02.2026. No recovery is to be effect has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. DAG, Haryana, accepts notice on behalf of respondent seeks tim investigation within a week from today and would appear as when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on fumishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitione shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 11049-2026 2 then the dispute in the present case is of civil nature emanating out of agreement dated 10.05.2024, which has been given riminal colour by registering the present FIR. He further argued that the petitioner has no connection with the said land as the agrerement to sell and his name has been roped in the present FIR because he dug a borewell in the said land. He further submitted that the entire dispute is between the complainant and co-accused Didar Singh. Further, the said co accused Didar Singh has already been granted the concession of anticipatory bail by this Court, vide order dated 19.02.2026. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Gagandeep Singh Chi DAG, Haryana, accepts notice on behalf of respondent seeks time to file status report in the matter. Adjourned to 06.03.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on fumishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitione shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of the order dated 26.02.2026 passed by this Court, the petitioner ha investigation. then the dispute in the present case is of civil nature emanating out of agreement dated 10.05.2024, which has been given riminal colour by registering the present FIR. He further argued that the petitioner has no connection with the said land as the agrerement to sell and his name has been roped in the present FIR because he dug a borewell in the said land. He ted that the entire dispute is between the accused Didar Singh. Further, the said co- accused Didar Singh has already been granted the concession of anticipatory bail by this Court, vide order dated 19.02.2026. No ed from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Gagandeep Singh Chinna, Sr. DAG, Haryana, accepts notice on behalf of respondent-State and to file status report in the matter. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on fumishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of .2026 passed by this Court, the petitioner has joined the then the dispute in the present case is of civil nature emanating out of agreement dated 10.05.2024, which has been given riminal colour by registering the present FIR. He further argued that the petitioner has no connection with the said land as the agrerement to sell and his name has been roped in the present FIR because he dug a borewell in the said land. He ted that the entire dispute is between the - accused Didar Singh has already been granted the concession of anticipatory bail by this Court, vide order dated 19.02.2026. No ed from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the nna, Sr. State and In the meantime, the petitioner is directed to join and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on fumishing of bail/surety bonds to the r shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of joined the GURPREET 2026.03.10 10:43 I attest to the accuracy and authenticity of this document. CRM-M-11049 4. Learned counsel for the State, on instructions the petitioner ha investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS 06.03.2026 Gurpreet 11049-2026 3 Learned counsel for the State, on instructions the petitioner has joined the investigation and In view of the statement made by learned State counsel, the interim order dated 26.02.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Learned counsel for the State, on instructions, has submitted that joined the investigation and is no longer required for further In view of the statement made by learned State counsel, the 2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No has submitted that no longer required for further In view of the statement made by learned State counsel, the 2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.03.10 10:43 I attest to the accuracy and authenticity of this document.