219 IN THE HIGH COURT OF PUNJAB AND HARYANA KULDEEP SINGH STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR 1. Instant petition is preferred under Section Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.36 dated 30.03.2025 under Sections 108, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Sudhar, District Ludhiana. 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KULDEEP SINGH V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Nagar Singh, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition is preferred under Section Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.36 dated 30.03.2025 under Sections 108, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station ct Ludhiana. 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 30.03.2025 under Sections 108, 351(3) Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Sudhar, Learned counsel for the petitioner, contends that as per the case set up by the prosecution, the deceased committed suicide, declined. There is nothing on record to remotely that the petitioner was in touch with the deceased, as such, ingredients breaching the threshold of Section 108 of BNS are not attracted at all. The IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21605-2025 Date of decision: 23.05.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.36 dated 30.03.2025 under Sections 108, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station , following order was passed: Instant petition is preferred under Section 482 of Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.36 dated 30.03.2025 under Sections 108, 351(3), 3(5) of the Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Sudhar, District Ludhiana. Learned counsel for the petitioner, inter alia, the case set up by the prosecution, the deceased committed suicide, as his marriage proposal was declined. There is nothing on record to remotely suggest that the petitioner was in touch with the deceased, as such, breaching the threshold of Section 108 of BNS are not attracted at all. The petitioner is merely a co- MANISHA 2025.05.26 18:25 I attest to the accuracy and authenticiy of this order/judgment CRM-M-21605 3. Learned State counsel submits that in compliance of order dated petitioner has joined the investigation interrogation. 21605-2025 2 villager and not related to the girl in any manner. there is no suicide note and no active role, which has any nexus with the suicide by the deceased, has been attributed to the petitioner. Notice of motion for 23.05.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 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 Delhi 2020 (1) RCR (Criminal) 833, directed to appear before Investigating Officer within a period of two weeks from today and thereafter, a by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail to the satisfaction of Investigating/Arresting petitioner shall cooperate with the i Officer and abide by the conditions as provided under Section 482(2) of BNSS Code of Criminal Procedure, 1973). If the Arresting Officer does not permit the petitioner to join the investigation, he w learned Illaqa Magistrate, who would 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 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 villager and not related to the girl in any manner. Further, there is no suicide note and no active role, which has any the suicide by the deceased, has been attributed Notice of motion for 23.05.2025. the ratio of law enunciated by the Supreme Court in Satender Kumar Antil Vs. CBI Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab 2 SCC 565, Arnesh Kumar Vs. State of Bihar Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a 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 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 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 opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in on instructions from ASI Jaswinder 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-21605 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 is accordingly disposed of. 6. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court l trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. May 23, 2025 manisha (i) (ii) 21605-2025 3 Keeping in view the statement made by learned the order dated 25.04.2025, is made absolute. The petitioner shal 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 accordance 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 The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an est 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