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218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22473-2025 Date of decision: 26.05.2025 Partap Singh ....Petitioner
Versus State of Punjab ...Respondent
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Ishma Randhawa, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. Mr. Kushagra Mahajan, Advocate for the complainant.
HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 482 of BNSS (earlier Section 438 Cr.P.C.) seeking anticipatory bail in case bearing FIR No.37 dated 06.03.2025 (Annexure P-1) under Sections 318(4) of BNS and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014 registered at Police Station Kartarpur, District Jalandhar. On 29.04.2025, the 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.37 dated 06.03.2025 under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, registered at Police Station Kartarpur, District Jalandhar.
Learned counsel for the petitioner, inter alia, contends that the petitioner and the complainant are residents of same village. The allegations against the petitioner are limited only to the extent of introducing the complainant to the travel agent. There is no allegation with regard to participation of the petitioner in any financial transaction or travel arrangements. Further, the petitioner is not the beneficiary of any amount received from the complainant. Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent-State and Mr. Kushagra Mahajan, Advocate appears on behalf of the complainant and files Memorandum of Appearance in the Court today, which is taken on record. Registry is directed to tag the same at the appropriate place of the case file.
Learned counsel for the complainant vehemently opposes the prayer for grant of anticipatory bail to the petitioner on the ground that there are specific allegations against the petitioner. Adjourned to 26.05.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Neha 2025.05.26 18:07 I attest to the accuracy and integrity of this document
CRM-M-22473-2025 -2- 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 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 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 ASI Manjit Singh, at the very outset informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. In view of the statement of learned State counsel, order dated 29.04.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (earlier Section 438(2) Cr.P.C.). The petition stands disposed of.
(HARPREET SINGH BRAR) JUDGE 26.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.26 18:07 I attest to the accuracy and integrity of this document