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2025 DAILYLAW 99503 (PNJ)

AJAY KUMAR v. STATE OF PUNJAB AND ANOTHER

CRM-M/50804/2025 · 2025-09-30

Sumeet Goel

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Judgment text

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CRM CRM CRM CRM----M M M M----50804 50804 50804 50804 217 (1 217 (1 217 (1 217 (1stststst case) case) case) case) 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 Ajay Kumar State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bhartiya Nagarik Suraksha Sanhita, 2023 concession of 18.05.2025, under Sections BNS, 2023 (Section 118(2) of the BNS added later on) Station Shri Hargobindpur, Batala, District Batala 2. 50804 50804 50804 50804----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: Ajay Kumar versus Punjab and another 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. Aazam Khan, Advocate for Mr. Ritesh Pandey, Advocate for Mr. Jaypreet Singh, DAG Punjab. Ms. Pooja, Advocate for respondent No.2 ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present second petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case under Sections 333, 118(1), 115(2), 126(2), 191(3), 190 of the (Section 118(2) of the BNS added later on) Station Shri Hargobindpur, Batala, District Batala On 10.09.2025, the following order was passed: “Apprehending his arrest in FIR No.81 dated 18.05.2025 registered for offences punishable under Sections 333, 118(1), 115(2), 126(2), 191(3) and 190 of BNS 2023 (Section 118(2) added lateron) at Police Station Shri Hargobindpur, Police District Batala, Dist Gurdaspur; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre 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----50804 50804 50804 50804----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: September 30 September 30 September 30 September 30, 2025 , 2025 , 2025 , 2025 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Aazam Khan, Advocate for for the petitioner. Mr. Jaypreet Singh, DAG Punjab. respondent No.2. petition has been filed under Section 482 of the (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.81 dated 333, 118(1), 115(2), 126(2), 191(3), 190 of the (Section 118(2) of the BNS added later on), registered at Police Station Shri Hargobindpur, Batala, District Batala. he following order was passed: Apprehending his arrest in FIR No.81 dated 18.05.2025 for offences punishable under Sections 333, 118(1), 115(2), 190 of BNS 2023 (Section 118(2) added lateron) at Hargobindpur, Police District Batala, District preferred this petition under Section 482 of Sanhita, 2023 seeking pre-arrest bail. ....Petitioner s petition has been filed under Section 482 of the for grant of dated 333, 118(1), 115(2), 126(2), 191(3), 190 of the registered at Police Apprehending his arrest in FIR No.81 dated 18.05.2025 for offences punishable under Sections 333, 118(1), 115(2), 190 of BNS 2023 (Section 118(2) added lateron) at rict preferred this petition under Section 482 of CRM CRM CRM CRM----M M M M----50804 50804 50804 50804----2025 2025 2025 2025 2222 Counsel for the petitioner, inter alia, contends that the petitioner was implicated into the FIR in question on account of misunderstanding which now stands resolved, a compromise petition (CRM-M-48615-2025) has already been filed before this Court which is pending adjudication for 30.09.2025 & the petitioner is willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab. Ms. Pooja, Advocate has caused appearance on behalf of the respondent No.2/complainant and filed her Vakalatnama. She has ratified the factum of matter having been compromised/settled between the parties. Adjourned to 30.09.2025. To be heard alongwith CRM-M-48615-2025. The petitioner is directed to appear before the Investigating Officer on 16.09.2025 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/She shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 3. Since vide order of even date passed in CRM CRM CRM CRM----M M M M----48615 48615 48615 48615----2025 2025 2025 2025, FIR in question has been quashed on the basis of compromise having been effected between the parties, the interim order dated 10.09.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 4. Petition stands allowed, accordingly. 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. CRM CRM CRM CRM----M M M M----50804 50804 50804 50804----2025 2025 2025 2025 3333 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, 2023 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 of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE September 30 September 30 September 30 September 30, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No