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CRM-M-470-2025 214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-470-2025 Date of Decision: 26.03.2025 Lovedeep Singh ...Petitioner Versus State of Punjab ...Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:-. Mr. N.K. Manchanda, Advocate for the petitioner Mr. R.S. Thind, DAG Punjab ***** KIRTI SINGH, J.(Oral) Prayer in the present petition filed under Section 482 of BNSS, 2023 is for grant of anticipatory bail to the petitioner, in case FIR No.283 dated 03.12.2024 registered under Section 376 IPC at Police Station Baghapurana, District Moga.
2. The following order was passed on 13.01.2025:-
“Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.283 dated 03.12.2024 under Section 376 IPC, registered at Police Station Baghapurana, District Moga.
2.
Learned counsel for the petitioner, inter alia, submits that the petitioner and complainant were in a live-in relationship for the past few years. The complainant is previously married and has 08 years old daughter. There is a delay of three years in registering the FIR. Reliance has been placed upon the decision passed by this Court in case titled as "Dr. Dhruvaram Murlidhar Sonar vs. State of Maharashtra & Ors.". 2019(1) RCR (Cr.) 674 and "Lalu Yadav vs. The State of Uttar Pradesh & Ors.", 2024 RCR (Criminal) 817. REENA 2025.03.26 06:17 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-470-2025
3. Notice of motion. 4. Mr. Adesh Pal Singh, AAG, Punjab waives service of notice on behalf of the respondent-State and seeks time to file reply. 5. List on 10.02.2025. 6. Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, Arnab Manoranjan Goswami Vs. State of Maharashtra, (2021)2 SCC 427, Satender Kumar Antil Vs. CBI, (2022) 10 SCC 51, Siddharam Satlingappa Nhetre Vs. State of Maharashtra and ors., 2010 SCC OnLine SC 1375 and Shri Gurbaksh Singh Sibbia Vs. State of Punjab, (1980) 2 SCC 565, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 7. If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would ther summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court.”
3. Learned State counsel on instructions from ASI Kashmir Singh submits that 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 13.01.2025 passed by this Court, is hereby made absolute. REENA 2025.03.26 06:17 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-470-2025
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) 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, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 11. Pending application(s), if any, also stands disposed of accordingly. (KIRTI SINGH) 26.03.2025
JUDGE reena Whether speaking/reasoned Yes/No Whether reportable Yes/No REENA 2025.03.26 06:17 I attest to the accuracy and integrity of this document Chandigarh