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2025 DAILYLAW 81721 (PNJ)

SUBASH CHAND v. STATE OF PUNJAB AND ANOTHER

CRA-S/2245/2025 · 2025-08-13

Sumeet Goel

body2025

Judgment text

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CRA-S-2245-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 202 CRA-S-2245-2025 Date of decision: 13.08.2025 SUBASH CHAND ....APPELLANT V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Ms. Anjali Banger, Advocate for the appellant. Mr. Jaypreet Singh, DAG, Punjab. ***** SUMEET GOEL , J. 1. Present appeal has been filed under Section 14-A of SC/ST Act for grant of anticipatory bail to the appellant in case bearing FIR No.109 dated 07.07.2025, registered for the offences punishable under Sections 296, 351(2) of BNS 2023 and Section 3(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Rupnagar, District Rupnagar. 2. Office note indicates that respondent No.2 has been served. However, none has entered appearance on behalf of the said respondent. 3. On 23.07.2025, the following order was passed:- “Apprehending his arrest in FIR No.109 dated 07.07.2025 registered for offences punishable under Section 296, 351(2) of BNS 2023 and Sections 3(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Sadar Rupnagar, District Rupnagar; the petitioner has preferred the present appeal seeking pre-arrest bail. Counsel for the appellant, inter alia, contends that the appellant has been falsely implicated into the FIR in question, initially the police has registerd a case under Section 126/170 of BNS, 2023 and thereafter upon pressure exerted by the complainant-side the FIR in question was registered & the JATIN 2025.08.13 15:53 I attest to the accuracy and integrity of this document CRA-S-2245-2025 2 appellant is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgment of this Court in Arvind Vs. State of Haryana and another, 2024(2) Law Herald 970. Notice of motion. On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent No.1-State of Punjab. Adjourned to 13.08.2025. The appellant is directed to appear before the Investigating Officer on 30.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the appellant 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 appellant shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 4. Learned State counsel, on instructions from DSP Rajpal Singh Gill, has stated that pursuant to the order dated 23.07.2025, the appellant has joined investigation and is no longer required for custodial interrogation. 5. In view of above, the present appeal is allowed and interim order dated 23.07.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 6. This order should not be treated as “blanket” order. It will not be read granting appellant 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 appellant violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. JATIN 2025.08.13 15:53 I attest to the accuracy and integrity of this document CRA-S-2245-2025 3 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) JUDGE 13.08.2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.08.13 15:53 I attest to the accuracy and integrity of this document