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315 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14611-2025 Date of decision: 24.04.2025 Rohit
....Petitioner
Versus State of Punjab ...Respondent
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Kapil Khanna, Advocate for the petitioner. Mr. Nitesh Sharma, DAG, Punjab.
HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case bearing FIR No.102 dated 16.12.2024 (Annexure P-1) under Sections 140(1)/115(2)/351(3)/191(3)/190 of BNS (Section 117 (2) of BNS added later on) registered at Police Station City Balachour, District Shaheed Bhagat Singh Nagar. On 18.03.2025, the following order was passed:- ‘The present petition has been filed under Section 482 BNSS, 2023 seeking anticipatory bail to the petitioner in a case bearing FIR No.102 dated 16.12.2024 under Sections 140(1), 115(2), 351(3), 191(3), 190 of BNS, 2023 (Section 117(2) of BNS added later on) registered at Police Station City Balachour, District Shaheed Bhagat Singh Nagar (Annexure P-1).
Learned counsel for the petitioner inter alia contends that petitioner is 17 years and 06 months of age and the FIR (supra) has been registered as a counter-blast to the earlier incident dated 18.10.2024, in which,the complainant is one of the accused and he has caused injuries to coaccused.He further contends that the allegations have been aggravated only to make it a serious crime and all the injuries suffered by the complainant are simple in nature. He submits that the petitioner is having clean antecedents and is not involved in any other case. Learned counsel further submits that similarly situated co-accused, namely, Anmol Singh and Sohraab were granted the concession of anticipatory bail by this Court vide orders dated 04.03.2025 in cases bearing Nos.CRM-M-6954 of 2025 titled as ‘Anmol Singh vs. State of Punjab’ and CRM-M-6424 of 2025 titled as ‘Sohraab vs. State of Punjab’ respectively. Notice of motion. On the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, who is present in Court, accepts notice on behalf of the Neha 2025.04.25 19:25 I attest to the accuracy and integrity of this document
CRM-M-14611-2025 -2- respondent-State. Mr. Mohit Kumar Bhardwaj, Advocate puts in appearance on behalf of the complainant and filed his vakalatnama which is taken on record. Registry is directed to tag the same at the appropriate place. In the meantime, keeping in view the law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) 2023 SCC OnLine SC 352, at the first instance, the petitioner is directed to appear before the Investigating Officer within two weeks from today and on her doing so or in the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer. The petitioner shall cooperate with the Investigating/Arresting Officer and abide by the conditions as provided under Section 482 (2) BNSS, 2023. If the Investigating/Arresting Officer does not permit the petitioner to join the investigation, the petitioner would appear before the Illaqa Magistrate, who would then summon the Investigating/Arresting Officer and direct her to join the petitioner in investigation, in terms of the order of this Court. Adjourned to 23.04.2025.
Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law.’ Learned State counsel on instructions from ASI Lakhvir Chand, at the very outset informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. In view of the statement of learned State counsel, order dated 18.03.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (earlier Section 438(2) Cr.P.C.). The petition stands disposed of. (HARPREET SINGH BRAR) JUDGE 24.04.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.04.25 19:25 I attest to the accuracy and integrity of this document