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2025 DAILYLAW 78110 (PNJ)

SACHIN @ SACHIN SAINI v. STATE OF HARYANA AND ANR

CRM-M/36692/2025 · 2025-08-28

Kirti Singh

body2025

Judgment text

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CRM-M-36692-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 206 CRM-M-36692-2025 (O&M) Date of Decision: 28.08.2025 SACHIN @ SACHIN SAINI ...Petitioner Versus STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Deepak Singh, Advocate and Ms. Vanika Johar, Advocate for the petitioner. Mr. Anmol Malik, DAG, Haryana. ***** KIRTI SINGH , J. (Oral) 1. Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.63 dated 22.04.2025 under Sections 64(1) of BNS registered at Police Station City Mahendergarh, District Mahendergarh. 2. This Court while issuing notice of motion on 31.07.2025 passed the following order:- “Apprehending arrest in FIR No.63 dated 22.04.2025, under Section 64(1) of BNS, 2023, registered at Police Station City Mahendergarh, Haryana, the petitioner has preferred this petition under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) for grant of pre-arrest bail. Learned counsel for the petitioner inter alia submits that the true factual aspect is that the petitioner had been approached by one Bimla Devi with a prospective matrimonial match for him. On the date of the alleged occurrence, Bimla Devi brought the prosecutrix to restaurant of the petitioner. Upon meeting the prosecutrix, the petitioner found her to be relatively older and already married, because of which he declined to go ahead with talks of marriage. It was due to this reason that the petitioner has been falsely implicated ITHLESH KUMAR 2025.08.29 12:44 I attest to the accuracy and integrity of this order/judgment CRM-M-36692-2025 (O&M) 2 in the present case by leveling baseless allegations. He further submits that the petitioner has no criminal antecedents and is ready to join investigation and cooperate. Notice of motion. Served with an advance copy of the petition, Mrs. Saumya Ahluwalia, Sr. DAG, Haryana, accepts notice on behalf of the respondent-State and seeks time to file reply. Adjourned to 28.8.2025. Meanwhile, the arrest of the petitioner shall remain stayed. He shall join investigation before the Investigating Agency/Officer. The petitioner shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;- 1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so. 2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer. 3) That the petitioner shall not leave India without prior permission of the Court. Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner.” 3. Learned State counsel on instructions from PSI Savina submits that in compliance of order dated 31.07.2025, the petitioner has joined the investigation and is not required for any further investigation. 4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 31.07.2025 passed by this Court, is hereby made absolute. 5. This order should not be treated as "blanket" order. It will not be read granting the 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. 6. This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner. ITHLESH KUMAR 2025.08.29 12:44 I attest to the accuracy and integrity of this order/judgment CRM-M-36692-2025 (O&M) 3 7. The accused/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 or her from disclosing such facts to the Court or to any police officer. 8. The accused/petitioner shall not leave India without prior permission of the Court. 9. The accused/petitioner shall join the investigation as and when called by the police. 10. It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, non- cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly. (KIRTI SINGH) 28.08.2025 JUDGE Ithlesh Whether speaking/reasoned Yes/No Whether reportable Yes/No ITHLESH KUMAR 2025.08.29 12:44 I attest to the accuracy and integrity of this order/judgment