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CRM-M-16658-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 215
CRM-M-16658-2025 (O&M) Date of Decision: 24.04.2025 Pradip Raval
.....Petitioner Versus State of Haryana .....Respondent
CORAM:
HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Jaiveer Singh, Advocate for the petitioner. Mr. G.S.Chhina, AAG, 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.111 dated 10.08.2024(P-1), registered under Sections 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Cyber Crime Ballabgarh, District Faridabad,
2. Allegations are that petitioner in connivance with co-accused cheated complainant to the tune of Rs.40 lakh.
3. Contends that petitioner was granted interim bail by the Coordinate Bench, vide order dated 26.03.2025 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 ASI Dharminder and submits that his custodial interrogation is not required. Rajeev Purohit 2025.04.25 11:28 I attest to the accuracy and integrity of this document
CRM-M-16658-2025 2
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 26.03.2025 and the order reads as under:-
“.Apprehending his arrest in FIR No.111 dated 10.08.2024 registered for offences punishable under Sections 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Cyber Crime Ballabgarh, District Faridabad; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.
Learned counsel appearing for the petitioner, inter alia, contends that the petitioner has been falsely implicated into the FIR in question on the basis of a disclosure statement made by the co-accused namely Krunal Hansmukh Bhai, with whom the complainant had entered a settlement, a compromise petition has been filed in this Court, but the same was not allowed & the petitioner is ready to join the investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Kiran Pal Singh, AAG, Haryana has entered appearance on behalf of the respondent-State of Haryana. Adjourned to 24.04.2025. The petitioner is directed to appear before the Investigating Officer on 02.04.2025 at 11:00 A.M. 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 26.03.2025 is made absolute subject to the Rajeev Purohit 2025.04.25 11:28 I attest to the accuracy and integrity of this document
CRM-M-16658-2025 3 conditions as envisaged under Section 482(2) of BNSS.
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. 24.04.2025 (MAHABIR SINGH SINDHU) Rajeev (rvs)
JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Rajeev Purohit 2025.04.25 11:28 I attest to the accuracy and integrity of this document