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High Court of Punjab and Haryana · body

2025 DAILYLAW 20152 (PNJ)

GURPREET SINGH v. STATE OF PUNJAB

CRM-M/5847/2025 · 2025-04-07

Sanjay Vashisth

body2025

Judgment text

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CRM-M-5847-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-5847-2025 Decided on: 07.04.2025 Gurpreet Singh …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Varinder Basa, Advocate for the petitioner. Mr. Vinay Kumar Malhotra, DAG, Punjab. **** SANJAY VASHISTH, J. 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station District Gurpreet Singh 98 14.10.2024 310(4) and 310(5) of BNS, 2023 Ramdas Amritsar (Rural) 2. On 03.02.2025, following order was passed:- “Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station District Gurpreet Singh 98 14.10.2024 310(4) and 310(5) of BNS, 2023 Ramdas Amritsar (Rural) RASHMI 2025.04.07 19:05 I attest to the accuracy and integrity of this document CRM-M-5847-2025 2. Learned counsel for the petitioner, inter alia, contends that the story put forth by the prosecution is absolutely false, and even unbelievable. These kinds of stories were created in the Bollywood movies in 1970-80s. Three of the accused are allegedly arrested from the spot namely (1) Vishal, (2) Rahul and (3) Shera Singh, and it is on the disclosure statement of Shera Singh, from which the name of the petitioner surfaced. 3. Counsel for the petitioner further submits that at the time of incident, petitioner was less than 18 years of age, and there is no previous history of involvement of the petitioner in any manner, in the similar activities, which are alleged in the present FIR. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report. 6. Adjourned to 07.04.2025. 7. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, the petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the Country, he would seek prior permission from the Investigating Agency/concerned Court.” 3. Learned counsel for the petitioner contends that in compliance of the order dated 03.02.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 4. Learned State counsel on instructions, confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation. RASHMI 2025.04.07 19:05 I attest to the accuracy and integrity of this document CRM-M-5847-2025 5. Heard learned counsel for the parties. 6. Since the petitioner has joined the investigation and since custodial interrogation is no more required, present petition is allowed and interim order dated 03.02.2025, passed by this Court is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 7. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE April 07, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.04.07 19:05 I attest to the accuracy and integrity of this document