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2025 DAILYLAW 78345 (PNJ)

GAURAV DUA v. STATE OF PUNJAB

CRM-M/36877/2025 · 2025-08-18

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (211) CRM-M-36877-2025 Decided on : 18.08.2025 Gaurav Dua ……Petitioner(s) Versus State of Punjab ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: None for the petitioner (s). Mr. Jaypreet Singh, DAG, Punjab. ***** Sumeet Goel (Oral): 1. Apprehending his arrest in FIR No.93 dated 22.5.2025, under Sections 61/1/14 of Excise Act, 2014, registered 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. 2. On 16.07.2025, the following order was passed: Apprehending his arrest in FIR No.93 dated 22.5.2025, under Sections 61/1/14 of Excise Act, 2014, registered at Police Statio006E 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, as a CCTV footage is available with the police which reflects that police towed away the car in question before effecting recovery. Notice of motion for 18.8.2025. Mr. Jatinder Pal Singh, Senior DAG, Punjab accepts notice on behalf of respondent-State. NAVEEN NAGPAL 2025.08.18 17:28 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-36877-2025 P a g e | 2 The petitioner is directed to appear before the Investigating Officer on 23.7.2025 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.” 3. Learned State counsel (on instructions from SI Kashmir Singh) has submitted that the petitioner has joined investigation and his custodial interrogation is required to solicit from him the source from where the liquor was procured. 4. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation and his custodial interrogation is required only to ascertain the source of procurement of liquor, this Court is inclined to allow the instant petition and to confirm the order dated 16.07.2025 granting interim anticipatory bail to the petitioner, subject to the conditions as enumerated under Section 482(2) of BNSS. 5. Ordered accordingly. 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 NAVEEN NAGPAL 2025.08.18 17:28 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-36877-2025 P a g e | 3 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) August 18, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.08.18 17:28 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh