CRM-M-33048- 210 GANESH KUMAR STATE OF PUNJAB CORAM: Present : ANOOP CHITKARA, J. FIR No. 23 1. up before this Court under Section 2. following order -2025 (O&M) -1- 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Decided on: GANESH KUMAR Versus STATE OF PUNJAB HON'BLE MR. JUSTICE ANOOP CHITKARA Mr. Neeraj Saini, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab. **** ANOOP CHITKARA, J. Dated Police Station 14.02.2025 Focal Point, Ludhiana The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of BNSS seeking anticipatory bail On 23.06.2025, a Co-ordinate Bench of this Court following order:- “Inter alia contends that in the present case, the name of the petitioner had come in the disclosure statement of the co accused Taran and Kulwinder Singh, as per whom the stolen iron rod (saria) was sold to the petitioner Pawan. It is further submitted that the petitioner had purchased the iron rod (sariya) from Taran and Kulwinder Singh after paying an amount of Rs.12,15,016/ consideration. It is further submitted tha bonafide, the petitioner is ready to pay an amount of Rs.2 lacs to the complainant Harjit Singh on or before 15.07.2025. It is IN THE HIGH COURT OF PUNJAB AND HARYANA M-33048-2025 (O&M) Decided on: 28.07.2025 …. PETITIONER …. RESPONDENT HON'BLE MR. JUSTICE ANOOP CHITKARA Sections Focal Point, Ludhiana 303 (2) of BNS, 2023 The petitioner apprehending arrest in the FIR captioned above has come seeking anticipatory bail. ordinate Bench of this Court has passed the Inter alia contends that in the present case, the name of the petitioner had come in the disclosure statement of the co- accused Taran and Kulwinder Singh, as per whom the stolen iron rod (saria) was sold to the petitioner, who had further sold it to Pawan. It is further submitted that the petitioner had purchased the iron rod (sariya) from Taran and Kulwinder Singh after paying an amount of Rs.12,15,016/- and was thus for valuable consideration. It is further submitted that in order to show his bonafide, the petitioner is ready to pay an amount of Rs.2 lacs to the complainant Harjit Singh on or before 15.07.2025. It is The petitioner apprehending arrest in the FIR captioned above has come has passed the Inter alia contends that in the present case, the name of - accused Taran and Kulwinder Singh, as per whom the stolen iron , who had further sold it to Pawan. It is further submitted that the petitioner had purchased the iron rod (sariya) from Taran and Kulwinder Singh after paying and was thus for valuable t in order to show his bonafide, the petitioner is ready to pay an amount of Rs.2 lacs to the complainant Harjit Singh on or before 15.07.2025. It is Anju Goel 2025.08.02 10:20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33048- 3. supplied to the counsel for the petitioner the reply which reads as follows : -2025 (O&M) -2- 2 submitted that the payment of said amount should not be construed as an admission of guilt by the petition Notice of motion for 28.07.2025. In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer as and when called upon to join investigation and in the event of arrest, he shall be released on interim bail on his furnishin SHO/ Investigating Agency, subject to the following conditions as envisaged under Section 482(2) of the BNSS: i) that the petitioner shall make himself available for interrogation as and when required; ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him / her from disclosing such facts to the Court to any police officer; iii) that the petitioner sha prior permission of the Court. As undertaken before this Court, the petitioner is directed to prepare a demand draft of Rs.2 lacs in the name of the complainant Harjit Singh and would hand over the same to the Investigating Officer of the case on or before 15.07.2025, who would further hand over the said demand draft to the complainant. The payment of the said amount should not be construed as admission of guilt by the petitioner. It is made clear that in case the petitioner d above said amount within the abovesaid period, then the interim order granted in favour of the petitioner would liable to be vacated.” Reply has been filed by the State is taken on record and copy thereof supplied to the counsel for the petitioner. It would the reply which reads as follows : “16. That in compliance with the order dated 23.06.2025 passed by this Hon'ble Court, the petitioner joined the investigation on 05.07.2025 and handed over a demand draft dated 03.07.2025 amounting to Rs.2,00,000/-drawn on the Bank of Baroda in favour of the submitted that the payment of said amount should not be construed as an admission of guilt by the petitioner. Notice of motion for 28.07.2025. In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer as and when called upon to join investigation and in the event of arrest, he shall be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/ Investigating Agency, subject to the following conditions as envisaged under Section 482(2) of the BNSS:- i) that the petitioner shall make himself available for interrogation as and when required; petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him / her from disclosing such facts to the Court to any police iii) that the petitioner shall not leave India without the prior permission of the Court. As undertaken before this Court, the petitioner is directed to prepare a demand draft of Rs.2 lacs in the name of the complainant Harjit Singh and would hand over the same to the fficer of the case on or before 15.07.2025, who would further hand over the said demand draft to the complainant. The payment of the said amount should not be construed as admission of guilt by the petitioner. It is made clear that in case the petitioner does not pay the above said amount within the abovesaid period, then the interim order granted in favour of the petitioner would liable to be by the State is taken on record and copy thereof appropriate to refer paragraph 16 of That in compliance with the order dated 23.06.2025 passed ourt, the petitioner joined the investigation on 05.07.2025 and handed over a demand draft dated 03.07.2025 amounting drawn on the Bank of Baroda in favour of the submitted that the payment of said amount should not be construed In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer as and when called upon to join investigation and in the event of arrest, he shall be released on g bail bonds to the satisfaction of SHO/ Investigating Agency, subject to the following conditions as acquainted with the facts of the case so as to dissuade him / As undertaken before this Court, the petitioner is directed to prepare a demand draft of Rs.2 lacs in the name of the complainant Harjit Singh and would hand over the same to the fficer of the case on or before 15.07.2025, who would further hand over the said demand draft to the complainant. The payment of the said amount should not be construed as oes not pay the by the State is taken on record and copy thereof appropriate to refer paragraph 16 of That in compliance with the order dated 23.06.2025 passed ourt, the petitioner joined the investigation on 05.07.2025 and handed over a demand draft dated 03.07.2025 amounting drawn on the Bank of Baroda in favour of the Anju Goel 2025.08.02 10:20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33048- pro 4. property is yet to be recovered. 5. deposited demand draft of Rs.2 lakhs to prove his bonafide as such he is entitled for bail. As such, the petition is allowed and interim order dated 23.06.2025 is made absolute. The petitioner is directed to join investigation as and when called upon to do so. permissible for the State to file an application for cancellation of bail before the concerned Court wh pending applications, if any, stand disposed of. 28.07. 2025 anju -2025 (O&M) -3- 3 complainant, Harjeet Singh but the petitioner has not produced the stolen property. The said demand draft was taken into possession by the Investigating Officer, ASI Harmesh Lal, on the same day. In this regard, entry was recorded vide GD Nos. 17 and 21 dated 05.07.2025 in the rapat roznamcha of the Police Station. A copy of the sa annexed herewith as Annexure R-1.” Counsel for the State opposes the property is yet to be recovered. Pursuant to undertaking given by deposited demand draft of Rs.2 lakhs to prove his bonafide as such he is entitled for bail. , the petition is allowed and interim order dated 23.06.2025 is made absolute. The petitioner is directed to join investigation on 4/5.08.2025 as and when called upon to do so. In case, petitioner fails to join investigation, permissible for the State to file an application for cancellation of bail before the concerned Court which shall be eligible and competent to cancel pending applications, if any, stand disposed of. Whether speaking/reasoned Whether reportable complainant, Harjeet Singh but the petitioner has not produced the stolen perty. The said demand draft was taken into possession by the Investigating Officer, ASI Harmesh Lal, on the same day. In this regard, entry was recorded vide GD Nos. 17 and 21 dated 05.07.2025 in the rapat roznamcha of the Police Station. A copy of the said demand draft is Counsel for the State opposes the petition on the ground that stolen Pursuant to undertaking given by petitioner on 23.06.2025, petitioner deposited demand draft of Rs.2 lakhs to prove his bonafide as such he is entitled for bail. , the petition is allowed and interim order dated 23.06.2025 is made absolute. on 4/5.08.2025 at 10.00 a.m. and after that In case, petitioner fails to join investigation, it shall be permissible for the State to file an application for cancellation of bail before the igible and competent to cancel this bail order. All (ANOOP CHITKARA) JUDGE : Yes/No : Yes/No complainant, Harjeet Singh but the petitioner has not produced the stolen perty. The said demand draft was taken into possession by the Investigating Officer, ASI Harmesh Lal, on the same day. In this regard, entry was recorded vide GD Nos. 17 and 21 dated 05.07.2025 in the rapat id demand draft is tolen on 23.06.2025, petitioner deposited demand draft of Rs.2 lakhs to prove his bonafide as such he is entitled for bail. , the petition is allowed and interim order dated 23.06.2025 is made absolute. and after that it shall be permissible for the State to file an application for cancellation of bail before the All Anju Goel 2025.08.02 10:20 I attest to the accuracy and integrity of this document Chandigarh