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2025 DAILYLAW 46575 (PNJ)

GURDEEP SINGH v. STATE OF PUNJAB

CRM-M/25342/2022 · 2025-04-03

Kirti Singh

body2025

Judgment text

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CRM-M-25342-2022 205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25342-2022 Date of Decision: 03.04.2025 Gurdeep Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:-. Mr. Barjesh Kumar Sharma, Advocate for the petitioner Mr. R.S. Thind, DAG Punjab ***** KIRTI SINGH, J.(Oral) Prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner, in case FIR No.63 dated 05.05.2022 registered under Sections 376, 354-D, 506, 503 IPC at Police Station Sadar Ahmedgarh, District Malerkotla. 2. The following order was passed on 07.07.2022:- “Learned counsel for the petitioner inter-alia contends that the petitioner has been falsely implicated in this case on account of consensual relations between the petitioner and the complainant having turned sour; the petitioner has no other criminal case pending against him: the photographs and whatsapp chats placed on the record clearly reveal consensual relations between the petitioner and the complainant; the petitioner and the complainant both adults were in a consensual relationship and therefore the sections for which the petitioner is sought to be prosecuted are not attracted in the present REENA 2025.04.04 05:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25342-2022 petition; the medical evidence does not support the allegations of rape; there is no evidence on the record that the petitioner made any video of the complainant and that the petitioner is also ready and willing to join and cooperate with the investigation as and when called by the investigating agency. Notice of motion. Ms.Gunkirat Kaur, Assistant Advocate General, Punjab, accepts notice on behalf of the respondent-State. For arguments, adjourned to 27.09.2022. Till the adjourned date the petitioner's arrest is stayed. Before the adjourned date in response to the afore submissions as also the averments made in the petition the State shall file a status report after consideration of which further orders shall be passed in the instant petition. ” 3. Thereafter, the petitioner was directed to join investigation vide order dated 24.02.2025. 4. Learned State counsel on instructions from ASI Harjinder Singh submits that the petitioner has joined the investigation and is not required for any further investigation. 5. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 24.02.2025 passed by this Court, is hereby made absolute. 6. 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. 7. 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. REENA 2025.04.04 05:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25342-2022 8. 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. 9. The accused/petitioner shall not leave India without prior permission of the Court. 10. The accused/petitioner shall join the investigation as and when called by the police. 11. 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, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 12. Pending application(s), if any, also stands disposed of accordingly. (KIRTI SINGH) 03.04.2025 JUDGE reena Whether speaking/reasoned Yes/No Whether reportable Yes/No REENA 2025.04.04 05:04 I attest to the accuracy and integrity of this document Chandigarh