Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
206
ARVINDER
STATE OF HARYANA AND ANOTHER
CORAM : HON'BLE MS. JUSTICE
Present: Mr.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Tarun Sharma, Advocate for
Mr. Arunjeet Kakkar, Advocate for respond
KIRTI SINGH, J. (ORAL)
1.
This is the second petition filed under Section 482 of BNSS (Section 438 of Cr.P.C.) for grant of anticipatory bail in case bearing FIR No.236 dated 06.08.2024, under Sections 76, 115, 190, 191(3) and 354-B, 323, 149, 148 and 506 IPC) and lateron deleted Sections 190, 191(3) of BNS (old Sections 149 and 148 IPC) and added Sections 85, 117, 35 of BNS (old Sections 498, 325, 97 of IPC), registered at Police Station Pehowa, Dist Kurukshetra, Haryana (Annexure P
2.
Vide order dated investigation. The said order is reproduced hereinafter:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-23052
Date of Decision: 20.05.2026
VERSUS
STATE OF HARYANA AND ANOTHER
HON'BLE MS. JUSTICE KIRTI SINGH Mr. Manvender Chauhan, Advocate for the petitioner(s).
Mr. Brijesh Sharma, AAG, Haryana. Mr. Tarun Sharma, Advocate for Mr. Arunjeet Kakkar, Advocate for respond
****
, J. (ORAL) This is the second petition filed under Section 482 of BNSS (Section 438 of Cr.P.C.) for grant of anticipatory bail in case bearing FIR No.236 dated 06.08.2024, under Sections 76, 115, 190, 191(3) and B, 323, 149, 148 and 506 IPC) and lateron deleted Sections 190, 191(3) of BNS (old Sections 149 and 148 IPC) and added Sections 85, 117, 35 of BNS (old Sections 498, 325, 97 of IPC), registered at Police Station Pehowa, Dist Kurukshetra, Haryana (Annexure P-1). Vide order dated 27.04.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:
“xxxxx
Learned counsel for the petitioner inter alia submits that the petitioner, aged 37 years, has been falsely implicated in the present case on the basis of the statement made by the complainant. It is submitted that IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 23052-2026 (O&M) Date of Decision: 20.05.2026
… PETITIONER
....RESPONDENTS KIRTI SINGH , Advocate for the petitioner(s). Mr. Brijesh Sharma, AAG, Haryana. Mr. Arunjeet Kakkar, Advocate for respondent No.2. This is the second petition filed under Section 482 of BNSS (Section 438 of Cr.P.C.) for grant of anticipatory bail in case bearing FIR No.236 dated 06.08.2024, under Sections 76, 115, 190, 191(3) and 351(2) of BNS (old Sections B, 323, 149, 148 and 506 IPC) and lateron deleted Sections 190, 191(3) of BNS (old Sections 149 and 148 IPC) and added Sections 85, 117, 35 of BNS (old Sections 498, 325, 97 of IPC), registered at Police Station Pehowa, District , the petitioner was directed to join investigation. The said order is reproduced hereinafter:-
Learned counsel for the petitioner inter alia submits that the petitioner, aged 37 years, has been falsely implicated in the present case on the basis of the statement made by the complainant. It is submitted that
This is the second petition filed under Section 482 of BNSS (Section 438 of Cr.P.C.) for grant of anticipatory bail in case bearing FIR No.236 dated 351(2) of BNS (old Sections B, 323, 149, 148 and 506 IPC) and lateron deleted Sections 190, 191(3) of BNS (old Sections 149 and 148 IPC) and added Sections 85, 117, 35 of BNS (old rict , the petitioner was directed to join
Learned counsel for the petitioner inter alia submits that the petitioner, aged 37 years, has been falsely implicated in the present case on the basis of the statement made by the complainant. It is submitted that SWARNJIT SINGH 2026.05.21 10:01 I attest to the accuracy and integrity of this document
CRM-M-23052-2026 (O&M)
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the genesis of the instant FIR lies in the matrimonial disputes between the complainant and her husband, and that the petitioner has been nominated as solely for the reason of being the cousin of her husband. A bare perusal of the FIR reveals that sweeping and generic allegations, which remain unsubstantiated by any cogent evidence, have been leveled therein. The role, and even the injuries sought to be attributed to the petitioner, is not supported by any material on record. Learned counsel contends that the false nature of the allegations is reflected from the fact that two out of the five persons named as accused by the complainant have been declared innocent by the investigating agency. Be that as it may, the matter has now been amicably settled between the parties, on the strength of which, two of the co-accused have been granted the concession of pre-arrest bail by this Court vide orders dated 09.07.2025 and 24.03.2026 passed in CRM-M-22352 of 2025 and CRM-M-47320 of 2025 respectively. Learned counsel submits that the petitioner is ready and will to join the investigation and cooperate. Notice of motion. Served with an advance copy of the petition, Ms. Saumya Ahluwalia, Sr. DAG, Haryana accepts notice on behalf of the respondent- State. Mr. Arunjeet Singh Kakkar, Advocate puts in appearance on behalf of the respondent No.2 and has filed his Vakalatnama. The same is taken on record. Learned counsel for respondent No.2 has not disputed the averments made by the learned counsel for the petitioner. Adjourned to 20.05.2026. In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer, subject to payment of Rs.20,000/- to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh. 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. Learned State counsel on instructions from the ASI Parveen Kumari, submits that in compliance of order dated 27.04.2026, the petitioner has joined the investigation on 09.05.2026 and is not required for any further investigation. 4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 27.04.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS. 5. This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be SWARNJIT SINGH 2026.05.21 10:01 I attest to the accuracy and integrity of this document
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confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause. 7. Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH) 20.05.2026
JUDGE SwarnjitS
Whether speaking/reasoned Yes/No
Whether reportable
Yes/No
SWARNJIT SINGH 2026.05.21 10:01 I attest to the accuracy and integrity of this document