CRM-M- 5831-2025(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 206 CRM-M-5831-2025(O&M) Date of Decision: 20.05.2025 Kuldeep Kumar .....Petitioner Versus UT of Chandigarh .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: None for the petitioner. Mr. Manish Bansal, Public Prosecutor, U.T., Chandigarh for the respondent. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS') for grant of pre-arrest bail to the petitioner in FIR No. 0004 dated 29.01.2025, under Sections 61, 319, 351 of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of Prevention of Corruption Act, 1988, registered at Police Station Crime Branch, Chandigarh. 2. Allegations are that petitioner took bribe from de facto- complainant-Ravi amounting to Rs.75,000/- for getting him employed on the post of Sweeper. 3. Learned counsel for UT, Chandigarh on instructions from concerned police officer, submits that petitioner has joined the investigation and his custodial interrogation is not required. 4. Heard learned State counsel and perused the paper-book. -1- HARISH KUMAR 2025.05.20 20:52 I attest to the accuracy and integrity of this document CRM-M- 5831-2025(O&M) 5. This Court, while issuing notice of motion, granted interim protection to the petitioner on 30.01.2025 and the order reads as under:- “Learned counsel for the UT Chandigarh has handed over the copy of FIR 0004 dated 29.01.2025 registered under Sections 61, 319, 351 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 7 of Prevention of Corruption Act, 1988, which is taken on record and marked as ‘X’. Registry to tag the same at appropriate place. After going through the FIR, it transpires that precisely, allegations are that an amount of Rs. 75,000/- was transmitted into the account of one Rahul Chanaliya, who is stated to be brother-in-law of present petitioner, through Google Pay by way of multiple transactions w.e.f. 10.09.2024 to 13.09.2024; but it is nowhere discernible that any amount was paid to the petitioner. Moreover, present FIR has been registered on 29.01.2025 and there is no explanation for delay of more than four months. Notice of motion. At this stage, Mr. Manish Bansal, PP, UT, Chandigarh and Mr. Navjit Singh, Advocate assisted by Dhiraj Kumar, Inspector accept notice on behalf of respondent; seek time to have instructions and/or to file response in the matter. Posted for 06.02.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer, but he be not arrested till the next date of hearing.” 6. It is duly acknowledged by learned counsel for UT, Chandigarh that in pursuance of the aforesaid order, petitioner has joined investigation and his custodial interrogation is not required. -2- HARISH KUMAR 2025.05.20 20:52 I attest to the accuracy and integrity of this document CRM-M- 5831-2025(O&M) 7. 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 30.01.2025 is made absolute subject to the conditions as envisaged under Section 482(2) BNSS. 8. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 9. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 10. 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. 20.05.2025 (MAHABIR SINGH SINDHU) Harish Kumar JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- HARISH KUMAR 2025.05.20 20:52 I attest to the accuracy and integrity of this document