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2023 DAILYLAW 5516 (PNJ)

KULDEEP v. STATE OF HARYANA AND ANOTHER

CRM-M/27983/2026 · 2026-05-27

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-27983 IN THE HIGH COURT OF PUNJAB & HARYANA 218 KULDEEP STATE OF HARYANA AND ANOTHER CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Nipun Bhardwaj, for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana Mr. Nikhil Ghai, for the complainant/respondent No.2. ***** 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 115, 127(2), 140(3), 3(5) of BNS, District Kaithal 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No 115, 127(2), 140(3), 3(5) of BNS, 2023 at Police Station Pundri, District Kaithal. 27983-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: Versus STATE OF HARYANA AND ANOTHER HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Nipun Bhardwaj, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana Mr. Nikhil Ghai, Advocate for the complainant/respondent No.2. ***** 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.104 dated 01.04.2026 registered under Sections 115, 127(2), 140(3), 3(5) of BNS, District Kaithal. On 18.05.2026, the following order “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.104 dated 01.04.2026 registered under Sections 115, 127(2), 140(3), 3(5) of BNS, 2023 at Police Station Pundri, District Kaithal. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-27983-2026 Date of decision: 27.05.2026 ….Petitioner ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Shaveta Sanghi, DAG, Haryana. for the complainant/respondent No.2. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.104 dated 01.04.2026 registered under Sections 115, 127(2), 140(3), 3(5) of BNS, 2023 at Police Station Pundri, 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 .104 dated 01.04.2026 registered under Sections 115, 127(2), 140(3), 3(5) of BNS, 2023 at Police Station Pundri, ….Petitioner s Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.104 dated 01.04.2026 registered under 2023 at Police Station Pundri, Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner .104 dated 01.04.2026 registered under Sections 115, 127(2), 140(3), 3(5) of BNS, 2023 at Police Station Pundri, GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document. CRM-M-27983 petitioner has been falsely implicated in the present case. He submits t implicated only on the basis of the disclosure statement made by a co other evidence to connect the petitioner with the offence in question an accused during his/her custodial interrogation is not admissible in evidence He further contends that no recovery is to be effected from the petitioner. He further submits that the matter has been com 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 time to file status report in the matter. behalf of the complainant and has filed his power of attorney which is taken on having taken place between the parties and has no objection if the present petition is allowed. investigation within a week from today 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 furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating O shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 27983-2026 2 Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He submits that the petitioner is not named in the FIR and has been implicated only on the basis of the disclosure statement made by a co-accused. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of the co accused during his/her custodial interrogation is not admissible in evidence He further contends that no recovery is to be effected from the petitioner. He further submits that the matter has been compromised between the parties. 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 Sin DAG, Haryana accepts notice on behalf of respondent seeks time to file status report in the matter. Mr. Nikhil Ghai, Advocate has put in appearance on behalf of the complainant and has filed his power of attorney which is taken on record. He has affirmed to the compromise having taken place between the parties and has no objection if the present petition is allowed. Adjourned to 27.05.2026. In the meantime, the petitioner is directed to join investigation within a week from today 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 furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating O shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He hat the petitioner is not named in the FIR and has been implicated only on the basis of the disclosure statement made by accused. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in d it is a trite law that disclosure statement of the co- accused during his/her custodial interrogation is not admissible in evidence He further contends that no recovery is to be effected from the petitioner. He further submits that the matter has been promised between the parties. 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 Chhina, Sr. DAG, Haryana accepts notice on behalf of respondent-State and seeks time to file status report in the matter. Mr. Nikhil Ghai, Advocate has put in appearance on behalf of the complainant and has filed his power of attorney record. He has affirmed to the compromise having taken place between the parties and has no objection if 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 furnishing 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 contends that the petitioner has been falsely implicated in the present case. He hat the petitioner is not named in the FIR and has been implicated only on the basis of the disclosure statement made by accused. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in - accused during his/her custodial interrogation is not admissible in evidence He further contends that no recovery is to be effected from the petitioner. He further submits that the matter has been promised between the parties. 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 gh Chhina, Sr. State and Mr. Nikhil Ghai, Advocate has put in appearance on behalf of the complainant and has filed his power of attorney record. He has affirmed to the compromise having taken place between the parties and has no objection if In the meantime, the petitioner is directed to join 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 furnishing of bail/surety bonds to the fficer. The petitioner shall also abide by the conditions as envisaged under Section GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document. CRM-M-27983 3. L the order dated investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required for further investigation. 5. Learned counsel appearing for the complaina compromise having taken place between the parties and has no objection if the present petition is allowed. 6. 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 27.05.2026 Gurpreet 27983-2026 3 Learned counsel for the petitioner submits that in compliance of the order dated 18.05.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. Learned counsel appearing for the complaina compromise having taken place between the parties and has no objection if the present petition is allowed. In view of the statement made by learned State counsel, the interim order dated 18.05.2026 passed by this Court, is made absol 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 earned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI Gurdaan joined the investigation and is no Learned counsel appearing for the complainant affirms to the compromise having taken place between the parties and has no objection if In view of the statement made by learned State counsel, the 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 Whether speaking/reasoned? Yes/No earned counsel for the petitioner submits that in compliance of joined the from ASI Gurdaan no affirms to the compromise having taken place between the parties and has no objection if In view of the statement made by learned State counsel, the ute. 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 2026.05.27 19:04 I attest to the accuracy and authenticity of this document.