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2025 DAILYLAW 45137 (PNJ)

BALDEV SINGH @ VICKY v. STATE OF PUNJAB

CRM-M/19812/2025 · 2025-05-16

Manisha Batra

body2025

Judgment text

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CRM-M-19812-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-19812-2025(O&M) Date of Decision: 16.05.2025 BALDEV SINGH @ VICKY ....Petitioner VERSUS STATE OF PUNJAB ....Respondent CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Raghav Soni, Advocate for the petitioner. Ms Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) The present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in FIR mentioned below:- FIR No. Dated Police Station Sections 13 08.02.2025 Sadar, District Amritsar 118(1), 115(2), 351(2), 3(5) of BNS, 2023 2. Vide order dated 09.04.2025 passed by this Court, the petitioner was ordered to be released on interim bail and was directed to join investigation. 3. Learned State counsel has filed status report. The same is taken on record and be tagged at the appropriate place. Further submitted by learned State counsel that the petitioner has joined the investigation on 15.04.2025. However, it has been submitted in the status report that the petitioner has not cooperated with the Investigating Officer and has also not Deepak Patwal 2025.05.17 15:17 I attest to the accuracy and integrity of this document CRM-M-19812-2025(O&M) 2 disclosed about the identity of co-accused involved with them in commission of crime. 4. This Court cannot treat the behaviour attributed to the petitioner to be an instance of non-cooperation, justifying denial for pre-arrest bail since, an accused while joining investigation, is not expected to make self incriminating statement under threat that the benefit of interim protection may be withdrawn. So far as, denial to disclose the information as required is concerned, that cannot be considered as a ground for denial of benefit of bail to the petitioner. In the considered opinion of this Court in the given circumstances, the pretrial incarceration of the petitioner is not required. As such, the present petition is allowed and the order dated 09.04.2025 granting interim bail to the petitioner, is made absolute, subject to compliance of usual terms and conditions requisite for grant of anticipatory bail. 5. It is also made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case. ( MANISHA BATRA ) 16.05.2025 JUDGE Deepak Patwal 1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No Deepak Patwal 2025.05.17 15:17 I attest to the accuracy and integrity of this document