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2025 DAILYLAW 45499 (PNJ)

AJAY KUMAR v. STATE OF PUNJAB

CRM-M/19970/2025 · 2025-08-04

Manisha Batra

body2025

Judgment text

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1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 214 CRM-M-19970-2025 Date of decision: 4th August, 2025 Ajay Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Arjun Shukla, Advocate for the petitioner. Ms. Sakshi Bakshi, Assistant Advocate General, Punjab. *** MANISHA BATRA, J (ORAL):- The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of anticipatory bail in case bearing FIR No. 23 dated 19.03.2025 registered under Sections 420, 467, 468 and 471 of IPC at Police Station Daresi, Ludhiana. 2. Vide order dated 21.04.2025, the petitioner was directed to join the investigation. The petitioner has joined the investigation on 14.05.2025. It is submitted by learned State counsel that for the purpose of making thorough investigation and about the source of money given for the purpose of execution of forged agreements, custodial interrogation of the petitioner is required as he has not disclosed the same. It is, therefore, urged that the petition does not deserve to be allowed. 3. Per contra, it is submitted by learned counsel for the petitioner that the dispute between the parties is of a civil nature. Civil litigation is Parveen Sharma 2025.08.05 13:47 I attest to the accuracy and integrity of this document 2- already pending. He has already joined the investigation. His custodial interrogation would not serve any useful purpose. Therefore, it is urged that the petition deserves to be allowed. 4. I have heard learned counsel for the parties at considerable length and have gone through the record carefully. 5. The petitioner has already joined investigation on 14.05.2025 in pursuance of order dated 21.04.2025. The civil litigation between the parties is pending. Given the nature of the allegations, this Court is of the opinion that no purpose would be served by incarceration of the petitioner. Accordingly, the petition is allowed and the order dated 21.04.2025 is made absolute, subject to his joining investigation before the Investigating Officer as and when required and also on compliance of following conditions:- i) he 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/her from disclosing such facts to the Court or to any Police Officer. (ii) he shall not commit any similar offence while on bail. 6. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law. 7. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. [MANISHA BATRA] JUDGE 4th August, 2025 Parveen Sharma 1. Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No Parveen Sharma 2025.08.05 13:47 I attest to the accuracy and integrity of this document