IN THE HIGH COURT OF PUNJAB AND HARYANA 223 RAJINDER SINGH ALIAS LALA STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr (through video conference) Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA 1. Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner in case Sections 112, 303(2) and 317(2) ‘BNS’), at Police S 2. Vide order dated 07.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated 07.04.2025, passed by this Court, reads as under: Bharatiya Nagarik Suraksha Sanhita, 2023 (for short petitioner for grant of anticipatory bail in case arising out of FIR No.8 dated 16.02.2025 registered under Sections 112, 303(2) an 317(2) of Bharatiya Nyaya Sanhita, 2023 ( Police Station Sadar Malout, District Sri Muktsar Sahib. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: RAJINDER SINGH ALIAS LALA Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Armaan Gagneja, Advocate for the (through video conference). Ms. Sakshi Bakshi, AAG, Punjab. **** MANISHA BATRA, J. (oral) Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner in case FIR No.8 dated 112, 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023 ( , at Police Station Sadar Malout, District Vide order dated 07.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated 07.04.2025, passed by this Court, reads as under: “The present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short petitioner for grant of anticipatory bail in case arising out of FIR No.8 dated 16.02.2025 registered under Sections 112, 303(2) an 317(2) of Bharatiya Nyaya Sanhita, 2023 ( Police Station Sadar Malout, District Sri Muktsar Sahib. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.19189 of 2025 Date of decision: 15.05.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner . Prayer in this petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory dated 16.02.2025 registered under of Bharatiya Nyaya Sanhita, 2023 (for short- , District Sri Muktsar Sahib. Vide order dated 07.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated 07.04.2025, passed by this Court, reads as under: The present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) by the petitioner for grant of anticipatory bail in case arising out of FIR No.8 dated 16.02.2025 registered under Sections 112, 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023 (for short-‘BNS’), at Police Station Sadar Malout, District Sri Muktsar Sahib. tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory registered under - Vide order dated 07.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated The present petition has been filed under Section 482 of by the petitioner for grant of anticipatory bail in case arising out of FIR d , at Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document CRM statement recorded by the complainant that on the nig electric transformer installed in his filed had been stolen even in the neighbouring fields of Baldev Singh and Jagjit Singh, theft of copper from transformer had been committed. He had made inquiries a came to know that two persons namely, Ajay Kumar and Gursewak Singh had committed theft. After registration of FIR, investigation proceedings were initiated. During the course of investigation, 4.5 quintals of scrap material was recovered from the house petitioner. His wife was arrested and presently she is on bail. Apprehending his arrest, the petitioner had moved an application for grant of pre Additional Sessions Judge, Sri Muktsar Sahib v 17.03.2025. ingredients for commission of offences punishable under Sections 112 and 303 of IPC are not made out against him. The recovery has already been effected from the co effected from him. His custodial interrogation is not required. The ingredients for commission of offence under Section 317(2) of BNS are not attracted against him. He is ready to join the investigation. Accordingly, it is urged of the petition, seeks time to file status report. CRM-M No.19189 of 2025 The aforementioned FIR was registered on the basis of statement recorded by the complainant that on the night of 15.02.2025, copper material forming part of the electric transformer installed in his filed had been stolen even in the neighbouring fields of Baldev Singh and Jagjit Singh, theft of copper from transformer had been committed. He had made inquiries a came to know that two persons namely, Ajay Kumar and Gursewak Singh had committed theft. After registration of FIR, investigation proceedings were initiated. During the course of investigation, 4.5 quintals of scrap material was recovered from the house petitioner. His wife was arrested and presently she is on bail. Apprehending his arrest, the petitioner had moved an application for grant of pre-arrest bail which was dismissed by the Court of learned Additional Sessions Judge, Sri Muktsar Sahib v 17.03.2025. It is argued by learned counsel for the petitioner that the ingredients for commission of offences punishable under Sections 112 and 303 of IPC are not made out against him. The recovery has already been effected from the co effected from him. His custodial interrogation is not required. The ingredients for commission of offence under Section 317(2) of BNS are not attracted against him. He is ready to join the investigation. Accordingly, it is urged that the petition deserves to be allowed. Notice of motion. Learned State counsel who has appeared on advance notice of the petition, seeks time to file status report. M No.19189 of 2025 -2- The aforementioned FIR was registered on the basis of statement recorded by the complainant-Gursavinder Singh alleging ht of 15.02.2025, copper material forming part of the electric transformer installed in his filed had been stolen even in the neighbouring fields of Baldev Singh and Jagjit Singh, theft of copper from transformer had been committed. He had made inquiries and came to know that two persons namely, Ajay Kumar and Gursewak Singh had committed theft. After registration of FIR, investigation proceedings were initiated. During the course of investigation, 4.5 quintals of scrap material was recovered from the house of the petitioner. His wife was arrested and presently she is on bail. Apprehending his arrest, the petitioner had moved an application for arrest bail which was dismissed by the Court of learned Additional Sessions Judge, Sri Muktsar Sahib vide order dated It is argued by learned counsel for the petitioner that the ingredients for commission of offences punishable under Sections 112 and 303 of IPC are not made out against him. The recovery has already been effected from the co-accused. No recovery is to be effected from him. His custodial interrogation is not required. The ingredients for commission of offence under Section 317(2) of BNS are not attracted against him. He is ready to join the investigation. that the petition deserves to be allowed. Learned State counsel who has appeared on advance notice of the petition, seeks time to file status report. The aforementioned FIR was registered on the basis of Gursavinder Singh alleging ht of 15.02.2025, copper material forming part of the electric transformer installed in his filed had been stolen even in the neighbouring fields of Baldev Singh and Jagjit Singh, theft of copper nd came to know that two persons namely, Ajay Kumar and Gursewak Singh had committed theft. After registration of FIR, investigation proceedings were initiated. During the course of investigation, 4.5 of the petitioner. His wife was arrested and presently she is on bail. Apprehending his arrest, the petitioner had moved an application for arrest bail which was dismissed by the Court of learned ide order dated It is argued by learned counsel for the petitioner that the ingredients for commission of offences punishable under Sections 112 and 303 of IPC are not made out against him. The recovery has used. No recovery is to be effected from him. His custodial interrogation is not required. The ingredients for commission of offence under Section 317(2) of BNS are not attracted against him. He is ready to join the investigation. Learned State counsel who has appeared on advance notice Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document CRM the Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on ad petitioner shall also abide by the conditions as envisaged under Section 482(2) of 2023 a reply indicating the involvement of would be considered at the time of final adjudication of the matter. 3. Status report filed on behalf of respondent record. 4. Learned State counsel, on instructions from ASI Baljinder Singh, has submitted that the petitioner has joined investigation on 09.04.2025 and he is not required for custodial interrogation. 5. Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is and the order dated 07.04.2025, granting interim bail to the petitioner, is made absolute, subject to grant of anticipatory bail. 15.05.2025 Jyoti-IV CRM-M No.19189 of 2025 Adjourned to 15.05.2025. In the meantime, the petitioner is directed to appear b the Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on ad-interim bail subject to his/ petitioner shall also abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It would, however, be open to the learned State counsel to file a reply indicating the involvement of would be considered at the time of final adjudication of the matter. Status report filed on behalf of respondent Learned State counsel, on instructions from ASI Baljinder Singh, mitted that the petitioner has joined investigation on 09.04.2025 and he is not required for custodial interrogation. Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is and the order dated 07.04.2025, granting interim bail to the petitioner, is made subject to compliance of usual terms and conditions requisite for grant of anticipatory bail. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.19189 of 2025 -3- In the meantime, the petitioner is directed to appear before the Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the interim bail subject to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Bharatiya Nagarik Suraksha Sanhita (BNSS), It would, however, be open to the learned State counsel to file a reply indicating the involvement of the petitioner and all aspects would be considered at the time of final adjudication of the matter.” Status report filed on behalf of respondent-State is taken on Learned State counsel, on instructions from ASI Baljinder Singh, mitted that the petitioner has joined investigation on 09.04.2025 and he Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is allowed and the order dated 07.04.2025, granting interim bail to the petitioner, is made compliance of usual terms and conditions requisite for (MANISHA BATRA) JUDGE Yes/No. Yes/No efore the Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of his arrest, the Investigating/Arresting Officer shall release the her satisfaction. The petitioner shall also abide by the conditions as envisaged under Bharatiya Nagarik Suraksha Sanhita (BNSS), It would, however, be open to the learned State counsel to file the petitioner and all aspects ” State is taken on Learned State counsel, on instructions from ASI Baljinder Singh, mitted that the petitioner has joined investigation on 09.04.2025 and he Keeping in view the above mentioned facts and circumstances, allowed and the order dated 07.04.2025, granting interim bail to the petitioner, is made compliance of usual terms and conditions requisite for Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document