CRM-M-65565-2024 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 207 CRM-M-65565-2024 (O&M) Date of Decision: 27.03.2025 Puneet .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Keshav Pratap Singh, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of pre-arrest bail to the petitioner in FIR No.107 dated 15.11.2024, under Section 137 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [Sections 140 and 137(2) of BNS added later on], registered at Police Station GRP, Chandigarh, District GRP Ambala Cantt. 2. Allegations are that petitioner kidnapped the daughter of de facto complainant-Satbir. 3. Contends that petitioner was granted interim bail by the Coordinate Bench, vide order dated 27.12.2024 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. 4. The above factual position is not disputed by learned State Counsel, on instructions from SI Kashmir Singh and submits that his Rajeev Purohit 2025.03.28 15:45 I attest to the accuracy and integrity of this document CRM-M-65565-2024 2 custodial interrogation is not required. 5. Heard learned counsel for the parties and perused the paper- book. 6. It transpires that petitioner was granted interim bail by the Coordinate Bench, vide order dated 27.12.2024 and the order reads as under:- “The instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of anticipatory bail to the petitioner in FIR No.107 dated 15.11.2024, under Section 137 of BNS, 2023 (Sections 137(2) and 140 of BNS, 2023 added later on), registered at Police Station GRP, Chandigarh, District GRP Ambala Cantt., District Panchkula. Inter alia contends that there was consensual friendship/ relationship between the petitioner and the victim which was not to the liking of the family of the victim and hence, the petitioner has been falsely implicated into the FIR in question. The petitioner and the victim later on married each other on 11.11.2024 (photocopy of the marriage certificate is appended as Annexure P-2 with the present petition), the petitioner and the victim had jointly filed a protection petition before this Court vide CRWP No.11013 of 2024 which came to be disposed of on 14.11.2024 & the petitioner is willing to join investigation and cooperate therein in accordance with law. Adjourned to 10.2.2025. The petitioner is directed to appear before the Investigating Officer on 7.1.2025 at 11:00 am in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 7. It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and his custodial interrogation is not required. 8. In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 27.12.2024 is made absolute subject to the conditions as envisaged under Section 482(2) of BNSS. Rajeev Purohit 2025.03.28 15:45 I attest to the accuracy and integrity of this document CRM-M-65565-2024 3 9. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 10. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 11. It is also clarified that in case of any recurrence on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 27.03.2025 (MAHABIR SINGH SINDHU) Rajeev (rvs) JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Rajeev Purohit 2025.03.28 15:45 I attest to the accuracy and integrity of this document