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2025 DAILYLAW 59196 (PNJ)

BALWANT SINGH v. STATE OF PUNJAB AND OTHERS

CRM-M/27163/2025 · 2025-05-22

Namit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CRM-M-27163-2025 (O&M) Date of decision : 22.05.2025 Balwant Singh ...........Petitioner versus State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Achin Gupta, Advocate for the petitioner. Mr. Anup Singh, A.A.G., Punjab. Mr. Jagjit Singh, Advocate for respondents No.2 & 3. ***** NAMIT KUMAR, J. (ORAL) CRMs-20575 & 20576-2025 Prayer in the instant applications filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for placing on record Annexures P-1 to P-3 and exemption from filing certified copies of the same and true typed copy of Annexure P-2. Allowed as prayed for subject to all just exceptions. CRM-M-27163-2025 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case FIR No.01 dated 07.01.2025 registered under Sections 75 & 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 67 of Information Technology (Amendment) Act, 2008 at Police Station Cyber Crime, Faridkot. Vinod Kothiyal 2025.05.22 15:57 I attest to the accuracy and authenticity of this document CRM-M-27163-2025 (O&M) 2 2. Learned counsel for respondents No.2 & 3 has filed his power of attorney in the Court which is also taken on record. 3. Brief facts of the case are that complainant-Bhupinder Singh @ Bhinda made a complaint to the police submitting therein that he has engaged his daughter on 04.06.2024 to Manpreet Singh s/o Mohinder Singh r/o Maulvikot, Tehsil Fatehgarh Churian, District Gurdaspur. On 05.06.2024, his cousin Balwant Singh (the present petitioner) informed him on phone that he is having obscene photographs of the daughter of the complainant and in case they had not engaged his daughter with him, he would make the said photographs viral. His daughter told him that accused Balwant Singh is harassing her for some time. On 05.01.2025, accused-Balwant Singh again threatened the complainant. On the said complaint, the instant FIR was registered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He submits that with the intervention of the respectables, the matter has been compromised between the parties vide compromise deed dated 09.05.2025 (Annexure P-2) and petition bearing CRM-M No.27512 of 2025 (Balwant Singh Vs. State of Punjab and others) for quashing of the FIR on the basis of compromise has been filed by the petitioner before this Court, wherein vide order dated 21.05.2025, the parties were directed to appear before the Illaqa Magistrate/Trial Court for recording their statements with regard to the compromise. He submits that the petitioner is in custody since 01.04.2025 and challan is yet to be presented before the Trial Court. He submits that the petitioner Vinod Kothiyal 2025.05.22 15:57 I attest to the accuracy and authenticity of this document CRM-M-27163-2025 (O&M) 3 is not involved in any other case. He further submits that the trial may take a considerable time to conclude, therefore, no fruitful purpose would be served by detaining the petitioner behind bars. 5. On the other hand, learned State counsel has vehemently opposed the grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature. However, he conceded the fact that the challan is yet to be presented before the Trial Court. He has also filed custody certificate dated 21.05.2025 in the Court which is taken on record. As per the custody certificate, the petitioner is in custody for the last more than 01 month and he is not involved in any other case. 6. Learned counsel for respondents No.2 and 3 admits the factum of compromise and has no objection if the petitioner is granted the concession of regular bail. 7. I have heard learned counsel for the parties and perused the record. 8. Keeping in view the custody period of the petitioner, which is 01 month and 19 days and the facts that the matter has been compromised between the parties; the petitioner has also filed petition before this Court for quashing of FIR on the basis of compromise; challan is yet to be presented before the Trial Court; the petitioner is not involved in any other case and the trial may take a considerable time to conclude, therefore, the petitioner is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. Vinod Kothiyal 2025.05.22 15:57 I attest to the accuracy and authenticity of this document CRM-M-27163-2025 (O&M) 4 9. The petition stands disposed of accordingly. 10. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only. 22.05.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Vinod Kothiyal 2025.05.22 15:57 I attest to the accuracy and authenticity of this document