Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 89261 (PNJ)

PAWAN KUMAR v. STATE OF HARYANA

CRM-M/43943/2025 · 2025-09-11

Sumeet Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (221) CRM-M-43943-2025 Decided on : 11.09.2025 Pawan Kumar ……Petitioner(s) Versus State of Haryana ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: None for the petitioner (s). Mr. Gurmeet Singh, AAG, Haryana. ***** Sumeet Goel (Oral): 1. Apprehending his arrest in FIR No.215 dated 24.07.2025 registered for offences punishable under Sections 115(2), 126, 3(5), 351(2) of BNS 2023 (earlier Sections 323, 339, 34, 506 of IPC) & Section 25 of Arms Act, 1959 at Police Station Ballabgarh Sadar, District Faridabad; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. 2. On 12.08.2025, the following order was passed: “Apprehending his arrest in FIR No.215 dated 24.07.2025 registered for offences punishable under Sections 115(2), 126, 3(5), 351(2) of BNS 2023 (earlier Sections 323, 339, 34, 506 of IPC) & Section 25 of Arms Act, 1959 at Police Station Ballabgarh Sadar, District Faridabad; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha 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 due to a dispute on account of supply of building/construction material, the injury attributed to the petitioner is simple in NAVEEN NAGPAL 2025.09.11 16:25 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-43943-2025 P a g e | 2 nature, though the co-accused is armed with a country made firearm but the said firearm has not been used & the petitioner is willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Tarun Aggarwal, Addl.AG, Haryana has entered appearance on behalf of the respondent-State of Haryana. Adjourned to 11.09.2025. The petitioner is directed to appear before the Investigating Officer on 19.08.2025 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 Vinod Kumar) has submitted that the petitioner has joined investigation and he is not required for further custodial interrogation. 4. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation and he is not required for further custodial interrogation, the petition is allowed and the order dated 12.08.2025 granting anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 5. 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. NAVEEN NAGPAL 2025.09.11 16:25 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-43943-2025 P a g e | 3 6. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. 7. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 8. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) September 11, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.09.11 16:25 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh