CRM-M-28232 208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Vansh Arora State of Punjab and another CORAM: Present: SUMEET GOEL 1. Bhartiya Nagarik Suraksha Sanhita, 2023 concession of 08.09.2022, under Section 377 Information Technology Act, 2000 Town, District Hoshiarpur. 2. 28232-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of decision: Vansh Arora versus Punjab and another HON’BLE MR. JUSTICE SUMEET GOEL Mr. Jasinder S. Sekhon, Advocate for the petitioner. Mr. Gurpartap S. Bhullar, AAG Punjab. Mr. Mohan Singh Rana, Advocate for respondent No.2. ***** SUMEET GOEL, J. (ORAL) Present Second petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BN concession of anticipatory bail to the petitioner in case FIR No. , under Section 377 of the IPC and Section 67(A) of the Information Technology Act, 2000, registered at Police Station Town, District Hoshiarpur. On 26.05.2025, the following order was passed: “In pursuance of previous order dated 21.05.2025 passed by this Court, Investigating Officer is present. Short reply by way of affidavit dated 25.05.2025 of Mr. Dev Dutt Sharma, PPS, Deputy Superintendent of Police, Sub-Division City, District Hoshiarpur on behalf of respondent No. 1 has been filed and the same is taken on r other side. Registry to tag the same at appropriate place. To a pointed query, above Police Officer is not able to show the CCTV footage and/or pen-drive that petitioner was present at the of alleged occurrence. Faced with the above predicament, learned State counsel seeks more time to place on record some material. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -M-28232-2025 (O&M) Date of decision: July 24, 2025 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SUMEET GOEL , Advocate for the petitioner. Gurpartap S. Bhullar, AAG Punjab. Mr. Mohan Singh Rana, Advocate for respondent No.2. petition has been filed under Section 482 of the (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.234 dated of the IPC and Section 67(A) of the registered at Police Station Model the following order was passed:- In pursuance of previous order dated 21.05.2025 passed by this Investigating Officer is present. Short reply by way of affidavit 25.05.2025 of Mr. Dev Dutt Sharma, PPS, Deputy Superintendent of Division City, District Hoshiarpur on behalf of respondent been filed and the same is taken on record. Copy supplied to the Registry to tag the same at appropriate place. To a pointed query, above Police Officer is not able to show from drive that petitioner was present at the time ed with the above predicament, learned State counsel seeks more time to place on record some material. Petitioner s petition has been filed under Section 482 of the for grant of dated of the IPC and Section 67(A) of the Model In pursuance of previous order dated 21.05.2025 passed by this Investigating Officer is present. Short reply by way of affidavit 25.05.2025 of Mr. Dev Dutt Sharma, PPS, Deputy Superintendent of Division City, District Hoshiarpur on behalf of respondent ecord. Copy supplied to the from time ed with the above predicament, learned State counsel seeks MAHAVIR SINGH 2025.07.24 16:52 I attest to the accuracy and authenticity of this order/ judgment CRM-M-28232 3. Singh) has stated that pursuant to the order dated has joined investigation 4. the petition for grant of anticipatory bail to the petitioner allegations against the petitioner are serious in nature and he not ought to be granted the concession of anticipatory bail. petitioner is enlarged on anticipatory bail, there is all likelihood influence the witnesses/ investigation. 5. of the record custodial interrogation is not required by the State, 26.05.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 6. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned other incident that involves commission of an offence. 7. cancellation/recall of this order in case the petitioner violates any condition stipulated und sufficient cause. 28232-2025 (O&M) Posted for 24.07.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next Learned State counsel (on instructions ) has stated that pursuant to the order dated joined investigation and not required for custodial interrogation. Learned counsel for respondent No.2 has the petition for grant of anticipatory bail to the petitioner allegations against the petitioner are serious in nature and he not ought to be the concession of anticipatory bail. petitioner is enlarged on anticipatory bail, there is all likelihood influence the witnesses/ investigation. Having heard learned counsel for the parties and of the record; especially, the petitioner having joined investigation and his custodial interrogation is not required by the State, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. This order should not be treated as “blanket” order. It will not be read granting petitioner 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. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 2 In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.” Learned State counsel (on instructions from SI Jaswinder ) has stated that pursuant to the order dated 26.05.2025, the petitioner and not required for custodial interrogation. counsel for respondent No.2 has vehemently opposed the petition for grant of anticipatory bail to the petitioner stating that the allegations against the petitioner are serious in nature and he not ought to be the concession of anticipatory bail. He iterated that in case, the petitioner is enlarged on anticipatory bail, there is all likelihood that he may Having heard learned counsel for the parties and upon perusal ner having joined investigation and his custodial interrogation is not required by the State, the interim order dated passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. der should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition er Section 482(2) of BNSS, 2023 or upon showing any other In the meanwhile, petitioner shall join investigation before the Jaswinder , the petitioner vehemently opposed stating that the allegations against the petitioner are serious in nature and he not ought to be e iterated that in case, the that he may upon perusal ner having joined investigation and his the interim order dated passed by this Court is made absolute, subject to the conditions der should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition er Section 482(2) of BNSS, 2023 or upon showing any other MAHAVIR SINGH 2025.07.24 16:52 I attest to the accuracy and authenticity of this order/ judgment CRM-M-28232 8. be construed to be an opinion on the merits of the case. 9. July 24, 2025 mahavir Whether speaking/reasoned: Whether reportable: 28232-2025 (O&M) Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand d , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3 Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.07.24 16:52 I attest to the accuracy and authenticity of this order/ judgment