SANDEEP KUMAR ALIAS SANDEEP AND ANR v. STATE OF HARYANA
CRM-M/29995/2025 · 2025-08-11
Sanjay Vashisth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64595 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64595 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-29995-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CRM-M-29995-2025 Decided on: 11.08.2025 SANDEEP KUMAR @ SANDEEP & ORS …...Petitioners Versus STATE OF HARYANA …...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Daljeet Singh Virk, Advocate, for the petitioners. Mr. Kanwar Sanjiv Kumar, AAG, Haryana. **** SANJAY VASHISTH, J.
1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioners, who have been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station District
1. Sandeep Kumar &
2. Kanchan 3 17.02.2025 79, 351(2), 3(5) BNS (509, 506 & 34 IPC) and 67 of IT Act Cyber Crime Fazilka
2. On 28.05.2025, following order was passed :-
“1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.) is for grant of anticipatory bail to the petitioners, who have been booked in a criminal case arising out of FIR, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station District
1. Sandeep Kumar &
2. Kanchan 3 17.02.2025 79, 351(2), 3(5) BNS (509, 506 & 34 IPC) and 67 of IT Act Cyber Crime Fazilka PRASHANT KAPOOR 2025.08.12 20:24 I attest to the accuracy and authenticity of this
order/judgement
CRM-M-29995-2025 2
2. On the very outset, learned counsel for the petitioners submits that inadvertently, name of the respondent has been mentioned as ‘State of Haryana’, whereas, the actual respondent is ‘State of Punjab’. He further submits and undertakes that in case permission is granted, he shall file/place on record the amended/corrected memo of parties in the Registry today itself. Allowed as prayed for. Let the amended/corrected memo of parties be filed in the registry within a period of two days from today.
3. Petitioners are residing in live-in relationship whereas petitioner no.2 is already married to Raju. Allegations are that both the petitioners forwarded some unpleasant/obscene message of the complainant in public and that is why, Section 79 was invoked which was the only non-bailable offence.
4. Counsel for the petitioners thus prays for grant of concession of anticipatory bail to the petitioners in the present case and submits that the petitioners are ready to join investigation as and when called by the investigating agency.
5. Notice of motion. On advance notice, Mr. Neeraj Madaan, Sr.DAG, Punnjab puts in appearance on behalf of the respondent - State.
6. Adjourned to 11.08.2025.
7. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. “
3. Continuing his submissions, learned counsel for the petitioners contends that in compliance of the order dated 28.05.2025, passed by this Court, petitioners have joined the investigation, and have fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.
PRASHANT KAPOOR 2025.08.12 20:24 I attest to the accuracy and authenticity of this
order/judgement
CRM-M-29995-2025 3
4. Learned State counsel on instructions from I.O. confirms the said averment made by counsel for the petitioners of joining the investigation on 29.06.2025 by the petitioners, and submits that as of now, custodial interrogation of the petitioners is not required for the purpose of investigation.
5. Heard learned counsel for the parties.
6. Since, petitioners have already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 28.05.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. However, petitioners shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
7. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) JUDGE 11.08.2025 Chiranjeev Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO PRASHANT KAPOOR 2025.08.12 20:24 I attest to the accuracy and authenticity of this
order/judgement