220 IN THE HIGH COURT OF PUNJAB AND HARYANA SULEMAN STATE OF HARYANA CORAM: HON’BLE MR. Mr. Balraj Gujjar, Advocate and Present: Mr. Mr. Vikas Bhardwaj, AAG, Haryana. HARPREET SINGH BRAR 1. Instant petition is preferred under Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.45 dated 03.02.2025 under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Sadar Yamuna Nagar, District Yamuan Nagar 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH V/S HARYANA HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Balraj Gujjar, Advocate and Mr. Anubhav Siwach, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition is preferred under Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.45 dated 03.02.2025 under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Sadar Yamuna District Yamuan Nagar. On 25.04.2025, following order was passed: “Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.45 dated 03.02.2025 under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered a Station Sadar Yamuna Nagar, District Yamuan Nagar. Learned counsel for the petitioner, inter alia, contends that the petitioner has not been named in the FIR (supra). Only a scuffle took place and the real facts were twisted just to add the offe BNS. Further, the son of the complainant remained at his house. It is further contended that similarly situated co accused Tejpal @ Teju has already been granted the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21700-2025 Date of decision: 23.05.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.45 dated 03.02.2025 under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Sadar Yamuna , following order was passed: Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.45 dated 03.02.2025 under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Sadar Yamuna Nagar, District Yamuan Nagar. Learned counsel for the petitioner, inter alia, contends that the petitioner has not been named in the FIR (supra). Only a scuffle took place and the real facts were twisted just to add the offence under Section 140(1) of BNS. Further, the son of the complainant remained at his house. It is further contended that similarly situated co- accused Tejpal @ Teju has already been granted the MANISHA 2025.05.26 18:25 I attest to the accuracy and authenticiy of this order/judgment CRM-M-21700 3. Learned State counsel submits that in compliance of order dated petitioner has joined the investigation interrogation. 21700-2025 2 concession of anticipatory bail by this Court vide order dated 21.03.2025 passed in CRM (Annexure P-2). Notice of motion for 23.05.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is dir before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.” Learned State counsel, on instructions from submits that in compliance of order dated 25.04.2025 petitioner has joined the investigation and is not required for further custodial concession of anticipatory bail by this Court vide order 21.03.2025 passed in CRM-M-10088-2025 Notice of motion for 23.05.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing nds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the erms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in instructions from ASI Pardeep Singh, 25.04.2025 passed by this Court, the and is not required for further custodial MANISHA 2025.05.26 18:25 I attest to the accuracy and authenticiy of this order/judgment CRM-M-21700 4. Keeping in view the statement made by learned the order dated 25.04.2025 terms and conditions enumerated in Section Section 438(2) Cr.P.C.) 5. The petition i 6. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. May 23, 2025 manisha (i) (ii) 21700-2025 3 Keeping in view the statement made by learned 25.04.2025, is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 482(2) BNSS, 2023 Section 438(2) Cr.P.C.) The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in dance with law. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable Keeping in view the statement made by learned State Counsel, , is made absolute. The petitioner shall abide by the 482(2) BNSS, 2023 (Erstwhile s accordingly disposed of. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.26 18:25 I attest to the accuracy and authenticiy of this order/judgment