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CRM-M-15852-2025 221 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15852-2025 Date of Decision: 08.04.2025 Mohit ...Petitioner Versus State of Punjab and another ...Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:-. Mr. Prateek Sodhi, 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 is for grant of anticipatory bail in case bearing FIR No.12 dated 20.02.2025, under Sections 498-A and 406 IPC, registered at Police Station Women Cell, District Police Commissionerate, Amritsar. 2. Mr. D.S. Bhullar, Advocate puts in appearance on behalf of respondent No. 2 and files his Vakalatnama in Court today, which is taken on record. Registry is directed to tag it at the appropriate place. 3. Short reply by way of an affidavit of Ms. Tripta Sood, PPS, Assistant Commissioner of Police (Crime against Women), Amritsar City on behalf of the respondent-State has been filed in the Court today. The same is taken on record. 4. This Court, while issuing notice of motion, passed the following order on 24.03.2025:-
“Apprehending arrest the petitioner has filed this petition under REENA 2025.04.08 05:35 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-15852-2025 Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.12 dated 20.02 2025, under Sections 498-A and 406 IPC, registered at Police Station Women Cell, District Police Commissionerate, Amritsar. 2. Learned counsel for the petitioner, inter alia, submits that earlier the petitioner was granted concession of interim bail by the learned Trial Court vide order dated 06.03.2025, however the same was dismissed citing non appearance on behalf of the petitioner herein and on the statement of the concerned investigating officer that the petitioner herein did not co-operate to get the gold ornaments recovered. Learned counsel relies upon the copy of the fard, Annexure P-3, to submit that the petitioner has presented the jewellery given in marriage before the investigating agency and further submits that petitioner is ready to join investigation and co- operate. 3. Notice of motion. 4. Mr. Davinder Bir Singh, Senior DAG, Punjab, waives service of notice on behalf of the respondent-State and seeks time to file reply. 5. List on 08.04.2025. 6. In the meantime, arrest of the petitioner shall remain stayed and he shall join investigation before the Investigating Agency/Officer and shall also abide by the following conditions as envisaged under Section 482(2) BNSS.:- 1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.
2) That the 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 from disclosing such
facts to the court or to any police officer. 3) That the petitioner shall not leave India without prior permission of the Court. ” REENA 2025.04.08 05:35 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-15852-2025
5. Learned State counsel on instructions from ASI Kuldeep Singh submits that the petitioner has joined the investigation and is not required for any further investigation.
6. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 24.03.2025 passed by this Court, is hereby made absolute.
7. 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.
8. 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.
9. 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.
10. The accused/petitioner shall not leave India without prior permission of the Court.
11. The accused/petitioner shall join the investigation as and when called by the police.
12. 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, REENA 2025.04.08 05:35 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-15852-2025 intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.
13. Pending application(s), if any, also stands disposed of accordingly.
(KIRTI SINGH) 08.04.2025
JUDGE reena Whether speaking/reasoned Yes/No Whether reportable Yes/No REENA 2025.04.08 05:35 I attest to the accuracy and integrity of this document Chandigarh