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2025 DAILYLAW 60717 (PNJ)

RASIDA BEGUM v. STATE OF HARYANA AND ANOTHER

CRA-S/1743/2025 · 2025-09-25

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (206) CRA-S-1743-2025 (O&M) Decided on : 25.09.2025 Rasida Begum ……Petitioner(s) Versus State of Haryana and another ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Aditya Pratap, Advocate, for the appellant. Mr. Gurmeet Singh, AAG, Haryana for respondent No.1. Ms. Rajni Bala Rohilla, Advocate for Mr. Arun Chander Sharma, Advocate for respondent No.2. ***** Sumeet Goel (Oral): 1. Apprehending her arrest in FIR No.268 dated 12.04.2025 registered for offences punishable under Section 351(2) of BNS 2023 and Sections 3(1) (r), 3(1)(s), 3(2)(VA) of SC/ST, Act at Police Station City Karnal, District Karnal; the petitioner has preferred the present appeal seeking pre-arrest bail. 2. On 21.08.2025, the following order was passed: “Affidavit dated 18.08.2025 of Rajiv Kumar, HPS, Deputy Superintendent of Police, Karnal has been filed by the learned State counsel, in the Court today, which is taken on record. Inter alia contends that the appellant was extended the concession of ad-interim anticipatory bail by the concerned Special Court, but the appellant was unable to join investigation due to compelling circumstances, the appellant has always been and is still willing to join investigation and cooperate therein, the offence under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is not made out against NAVEEN NAGPAL 2025.09.25 16:10 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRA-S-1743-2025 (O&M) P a g e | 2 the appellant as she has been falsely implicated on account of pending civil dispute. Put up on 25.09.2025. The appellant is directed to appear before the Investigating Officer on 10.09.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the appellant shall be released on interim bail subject to her furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the appellant shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. The concerned Station House Officer, through learned State counsel, is directed to once again inform respondent No.2 about pendency of the present appeal as also next date fixed in the matter.” 3. Learned State counsel (on instructions from ASI Gulwinder Singh) has submitted that the appellant has joined investigation and she is not required for further custodial interrogation. He has further submitted that cancellation report qua the FIR in question is being prepared by the police. 4. Learned counsel for the complainant has opposed the grant of anticipatory bail to the appellant. He has submitted that allegations raised against the appellant are direct/serious in nature and hence she ought not to be granted concession of anticipatory bail. He has further iterated that in case the appellant is extended the concession of anticipatory bail, there is all the likelihood that she may flee from the process of law as also interfere with the investigation/witnesses. 5. Having heard learned counsel for the rival parties and upon perusal of the record; especially the factum of the appellant having joined NAVEEN NAGPAL 2025.09.25 16:10 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRA-S-1743-2025 (O&M) P a g e | 3 investigation and she is not being required by the State; this Court is inclined to confirm the order dated 21.08.2025 granting anticipatory bail to the appellant. 6. Accordingly, the present appeal is allowed and order dated 21.08.2025 granting anticipatory bail to the appellant is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 7. This order should not be treated as “blanket” order. It will not be read granting appellant 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. 8. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the appellant violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. 9. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 10. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) September 25, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.09.25 16:10 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh