CRM CRM CRM CRM----M M M M----34276 34276 34276 34276 218 218 218 218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Rakesh Kumar State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of 04.04.2025, under Section (Regulation Development) Act, District Rupnagar. 2. appearance of the learned counsel on 30.07.2025 was inadvertent. Learned counsel has further submitted that joined investigation, in terms of the order dated 04.07.2025 and his custodial interrogation is not warranted in the factual milieu of the case. 3. 34276 34276 34276 34276----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM Date of decision: Date of decision: Date of decision: Date of decision: Rakesh Kumar versus Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Ms. Kamaldeep Kaur, Advocate Mr. Baljinder Singh Sra, Additional AG Punjab. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case FIR No. , under Sections 21(1) and 4(1) of the Mines and Minerals (Regulation Development) Act, registered at Police Station District Rupnagar. Learned counsel for the petitioner has argued that non appearance of the learned counsel on 30.07.2025 was inadvertent. Learned counsel has further submitted that joined investigation, in terms of the order dated 04.07.2025 and his custodial interrogation is not warranted in the factual milieu of the case. The said order dated 04.07.2025 reads thus: “Apprehending his arrest in FIR No.38 date Sections 21 (1), 4 (1) of Mines and Minerals (Regulation Development) 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----34276 34276 34276 34276----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 25 August 25 August 25 August 25,,,, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Mr. Baljinder Singh Sra, Additional AG Punjab. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.38 dated 21(1) and 4(1) of the Mines and Minerals registered at Police Station Nurpur Bedi, Learned counsel for the petitioner has argued that non- appearance of the learned counsel on 30.07.2025 was inadvertent. Learned counsel has further submitted that however, the petitioner has joined investigation, in terms of the order dated 04.07.2025 and his custodial interrogation is not warranted in the factual milieu of the case. The said order dated 04.07.2025 reads thus: Apprehending his arrest in FIR No.38 dated 4.4.2025, under Sections 21 (1), 4 (1) of Mines and Minerals (Regulation Development) MAHAVIR SINGH 2025.08.25 18:19 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----34276 34276 34276 34276----2025 2025 2025 2025 2222 Act, 1957, registered at Police Station Nurpur Bedi, District Rupnagar, the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia, contends that the petitioner is stated to be falsely implicated into the FIR in question only on the basis of the recovery of poclain machine which was parked at the alleged spot, the petitioner was not even physically present at the spot & the petitioner is willing to join investigation and cooperate therein. To buttress her arguments learned counsel for the petitioner has relied upon the dicta of the judgments rendered by the Hon'ble Supreme Court in Arnesh K Arnesh K Arnesh K Arnesh Kumar umar umar umar Vs. State of Vs. State of Vs. State of Vs. State of Bihar, 2014 AIR (SCW) 3930, Bihar, 2014 AIR (SCW) 3930, Bihar, 2014 AIR (SCW) 3930, Bihar, 2014 AIR (SCW) 3930, and reiterated in Md. Asfak Md. Asfak Md. Asfak Md. Asfak Alam Vs. The Alam Vs. The Alam Vs. The Alam Vs. The State of Jharkhand & Anr., 2023 AIR (Supreme Court) State of Jharkhand & Anr., 2023 AIR (Supreme Court) State of Jharkhand & Anr., 2023 AIR (Supreme Court) State of Jharkhand & Anr., 2023 AIR (Supreme Court) 3610 3610 3610 3610. Notice of motion for 30.7.2025. Mr. Durgesh Garg, AAG, Punjab accepts notice on behalf of respondent-State. The petitioner is directed to appear before the Investigating Officer on 9.7.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 4. In view of the aforesaid submission made by learned counsel for the petitioner, this Court deem it appropriate to restore the interim protection afforded to the petitioner, vide order ibid. 5. Ordered accordingly. 6. Learned State counsel (on instructions from ASI Ranjit Singh) has submitted that pursuant to the order dated 04.07.2025, the petitioner has indeed joined investigation, and his custodial interrogation is not required. 7. Having heard learned counsel for the parties and upon perusal of the record and in view of the stance of the State, the interim order dated 04.07.2025 is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 8. Petition stands allowed, accordingly. 9. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be MAHAVIR SINGH 2025.08.25 18:19 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----34276 34276 34276 34276----2025 2025 2025 2025 3333 confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 10. 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 or upon showing any other sufficient cause. 11. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 12. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE August 25 August 25 August 25 August 25,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.08.25 18:19 I attest to the accuracy and authenticity of this order/ judgment