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2025 DAILYLAW 73640 (PNJ)

ANUP KUMAR v. STATE OF PUNJAB

CRM-M/34635/2025 · 2025-07-31

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (210) CRM-M-34635-2025 Decided on : 31.07.2025 Anup Kumar ……Petitioner(s) Versus State of Punjab ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Naveen Sharma, Advocate for the petitioner. Mr. Karunesh Kaushal, AAG, Punjab. ***** Sumeet Goel (Oral): 1. Apprehending his arrest in FIR No.93 dated 22.05.2025 registered for offences punishable under Sections 61, 1, 14 of Excise Act registered at Police Station Salem Tabri, District Ludhiana; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. 2. On 07.07.2025, the following order was passed:- “Apprehending his arrest in FIR No.93 dated 22.05.2025 registered for offences punishable under Sections 61/1/14 of Excise Act at Police Station Salem Tabri, Ludhiana; 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 has been falsely implicated into the FIR in question; the car from which alleged recovery has been made is not registered in the name of the petitioner but is actually registered in the name of the co-accused & the petitioner is willing to join investigation and cooperate therein. NAVEEN NAGPAL 2025.07.31 16:47 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-34635-2025 P a g e | 2 Notice of motion. On asking of the Court, Mr. Jatinder Pal Singh, Sr. DAG, Punjab, appears and accepts notice on behalf of the respondent- State. Adjourned to 31.07.2025. The petitioner is directed to appear before the Investigating Officer on 10.07.2025 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.” 3. Learned State counsel (on instructions) has submitted that the petitioner has joined investigation and is not required for custodial interrogation, but the petitioner ought not to be extended the concession of anticipatory bail as the petitioner has been found involved in similar like offence(s) earlier as well. 4. Having heard learned counsel for the rival parties and upon perusal of the record, this Court deems it appropriate to confirm the order dated 07.07.2025, keeping in view the totality of factual milieu of the case in hand, especially keeping in view the factum of the petitioner having joined the investigation and cooperated therein. 5. Accordingly, the petition is allowed and the order dated 07.07.2025 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. NAVEEN NAGPAL 2025.07.31 16:47 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-34635-2025 P a g e | 3 6. 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. 7. 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. 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) July 31, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.07.31 16:47 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh