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2025 DAILYLAW 82391 (PNJ)

IRSHAD v. STATE OF HARYANA

CRM-M/39935/2025 · 2025-08-19

Sandeep Moudgil

body2025

Judgment text

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CRM-M-39935-2025 -1- 102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39935-2025 (O&M) DECIDED ON: 19.08.2025 IRSHAD .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Balvinder Sangwan, Advocate for the petitioner. Mr. Sushil Bhardwaj, Addl. A.G., Haryana. Mr. Shivam Grover, Advocate for the complainant. **** SANDEEP MOUDGIL, J (ORAL) 1. Prayer This petition has been filed under Section 482 of BNSS, 2023 grant of anticipatory bail in FIR No. 259 dated 05.06.2025 registered under Sections 111(3), 308(5), 351(3), 3(5) of BNS, 2023 at Police Station Mujesar, District Fatehabad. 2. Contentions: On behalf of the petitioner At the outset, learned counsel for the petitioner submits that the matter has been compromised between the parties on the basis of compromise deed dated 19.06.2025 (Annexure P-4), with the intervention of the respectable of the society. Learned counsel for the petitioner undertakes on behalf of the petitioner that the petitioner is ready and willing to join the investigation and cooperate with the investigating officer. Notice of motion. Anuradha 2025.08.19 05:13 I agree to specified portions of this document CRM-M-39935-2025 -2- On behalf of the State and complainant On the other hand, learned State Counsel accepts notice on behalf of the State and he has showed his ignorance to the factum of compromise which is part of the present petition but learned counsel for the complainant is in agreement with the submissions made by counsel for the petitioner and has no objection if the petition is allowed. 3. Analysis After giving a thoughtful consideration to the submissions as made, by the counsel for both the parties that the parties have amicably resolved the matter as is evident from Annexure P-4 i.e. compromise deed dated 19.06.2025, this Court finds no reason to deny the petitioner the concession of anticipatory bail, wherein the petitioner has bona fide intentions and is willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period. 4. Relief : Hence, in view of the admitted set of circumstances before this Court, the petitioner is hereby directed to be released on anticipatory bail subject to him joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS of which are reproduced below :- ‘When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; Anuradha 2025.08.19 05:13 I agree to specified portions of this document CRM-M-39935-2025 -3- (ii) a condition that the person 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 from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within one week, the order passed by this Court today shall automatically stand cancelled. The petition in the aforesaid terms stand allowed. (SANDEEP MOUDGIL) 19.08.2025 JUDGE anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.08.19 05:13 I agree to specified portions of this document