Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 83960 (PNJ)

SAHIB v. STATE OF HARYANA

CRM-M/39796/2025 · 2025-08-21

Sumeet Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM CRM CRM CRM----M M M M----39796 39796 39796 39796 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Sahib State of Haryana CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of 27.06.2025, under Section BNS, 2023 (Section 118(2) of BNS added later on) Station Uttawar, District Palwal. 2. preferred this petition under Section 39796 39796 39796 39796----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: versus Haryana HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Munish Gulati, Advocate for Mr. Gurmeet Singh, AAG Haryana. Mr. Talim Hussain, Advocate for ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case FIR No. , under Sections 115, 117(2), 118(1), 190, (Section 118(2) of BNS added later on) Uttawar, District Palwal. On 25.07.2025, the following order was passed: “Apprehending his arrest in FIR No.63 dated 27.06.2025 registered for offences punishable under Sections 115, 117(2), 118(1), 190, 191(3), 351(3) of BNS 2023 (Section 118(2) of BNS, 2023 added lateron) at Police Station Uttawar , District Palwal; the petitioner has preferred this petition under Section Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated into the FIR in question; even as per the case of the prosecution, the petitioner has not been attributed a injury & the petitioner is willing to join investigation and cooperate therein. Notice of motion. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----39796 39796 39796 39796----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 21 August 21 August 21 August 21,,,, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Singh, AAG Haryana. Advocate for the complainant. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.63 dated s 115, 117(2), 118(1), 190, 191(3), 351(3) of the (Section 118(2) of BNS added later on), registered at Police the following order was passed: Apprehending his arrest in FIR No.63 dated 27.06.2025 offences punishable under Sections 115, 117(2), 118(1), of BNS 2023 (Section 118(2) of BNS, 2023 added Uttawar , District Palwal; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated into the FIR in question; even as per the case prosecution, the petitioner has not been attributed any grievous petitioner is willing to join investigation and cooperate 1111 ....Petitioner ....Respondent of the for grant of dated the registered at Police Apprehending his arrest in FIR No.63 dated 27.06.2025 offences punishable under Sections 115, 117(2), 118(1), of BNS 2023 (Section 118(2) of BNS, 2023 added Uttawar , District Palwal; the petitioner has ik Suraksha Counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated into the FIR in question; even as per the case ny grievous petitioner is willing to join investigation and cooperate MAHAVIR SINGH 2025.08.21 18:23 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39796 39796 39796 39796 3. pursuant to the order dated investigation, 4. the grant of anticipatory bail to the petitioner by arguing that allegations against the petitioner are serious in nature extended the concession o may abscond from the process of justice and evidence. 5. of the record, especially keeping in view the factum of the petitioner having joined investigation and his custodial interrogation not State, the interim order dated conditions as 6. 7. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentio other incident that involves commission of an offence. 39796 39796 39796 39796----2025 2025 2025 2025 On the strength of advance notice; Mr. Tarun Aggarwal, Addl.AG, Haryana has entered appearance on behalf of the respondent Haryana. Adjourned to 21.08.2025 The petitioner is directed to appear before the Investigating Officer on 31.07.2025 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, investigation. He shall abide by the condition(s) 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Learned State counsel (on instructions) has pursuant to the order dated 25.07.2025, the petitioner has investigation, and his custodial interrogation is Learned counsel for the complainant has the grant of anticipatory bail to the petitioner by arguing that allegations against the petitioner are serious in nature extended the concession of anticipatory bail, there is all likelihood that he may abscond from the process of justice and Having heard learned counsel for the parties of the record, especially keeping in view the factum of the petitioner having joined investigation and his custodial interrogation not the interim order dated 25.07.2025 is made absolute, subject to the conditions as enumerated under Section 482(2) of Petition stands allowed, accordingly. 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. 2222 On the strength of advance notice; Mr. Tarun Aggarwal, Addl.AG, Haryana has entered appearance on behalf of the respondent-State of The petitioner is directed to appear before the Investigating Officer 31.07.2025 at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on furnishing personal/surety bond(s) to the 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.” Learned State counsel (on instructions) has submitted that , the petitioner has indeed joined custodial interrogation is not required. complainant has vociferously opposed the grant of anticipatory bail to the petitioner by arguing that allegations against the petitioner are serious in nature, and in case, the petitioner is f anticipatory bail, there is all likelihood that he may abscond from the process of justice and interfere in the prosecution Having heard learned counsel for the parties and upon perusal of the record, especially keeping in view the factum of the petitioner having joined investigation and his custodial interrogation not sought for by the is made absolute, subject to the (2) of BNSS. Petition stands allowed, accordingly. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any other incident that involves commission of an offence. 2222 On the strength of advance notice; Mr. Tarun Aggarwal, Addl.AG, State of The petitioner is directed to appear before the Investigating Officer 31.07.2025 at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on furnishing personal/surety bond(s) to the Officer/Investigating Officer. As and when the petitioner shall join the er Section that joined opposed the grant of anticipatory bail to the petitioner by arguing that allegations petitioner is f anticipatory bail, there is all likelihood that he prosecution upon perusal of the record, especially keeping in view the factum of the petitioner having sought for by the is made absolute, subject to the This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any MAHAVIR SINGH 2025.08.21 18:23 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39796 39796 39796 39796 8. cancellation/recall of this order in case the petitioner violates any condition stipulated under Section sufficient cause. 9. be construed to be an opinion on the merits of the case. 10. August 21 August 21 August 21 August 21,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Whether reportable: 39796 39796 39796 39796----2025 2025 2025 2025 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition lated under Section 482(2) of BNSS sufficient cause. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. 2025 2025 2025 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3333 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition 482(2) of BNSS or upon showing any other Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE 3333 Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.21 18:23 I attest to the accuracy and authenticity of this order/ judgment