13.01.2025 Date o State of Punj f Punjab and another v. CORAM: H
Case Details
CRM-M-422 42222-2024 (O&M) -1- IN THE HIG HIGH COURT OF PUNJAB AND HA D HARYANA AT CHANDIGARH 205 CRM-M-42222-2024 (O&M) CRM Sahilpreet Si reet Singh .… Petitioner Date of Decision: 13.01.2025 Date o State of Punj f Punjab and another .... Respondents Versus CORAM: H
Legal Reasoning
M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - Mr. Jaideep Verma, Advocate f cate for the petitioner. Mr. Manmeet Singh Teji, AAG, AAG, Punjab. NIDHI GUP I GUPTA, J. (ORAL) Prayer in this 2nd petition filed is filed under Section 438 Cr.P.C., is for grant of ant of anticipatory bail to the petitione ated titioner in case FIR No. 0040 dated 20.06.2024 ( 2024 (Annexure P-1) registered under IPC under Sections 498-A and 323 IPC (Section 323 on 323 IPC added later on 17.08.20 adar 7.08.2024) at Police Station Sadar Rupnagar, P gar, Punjab. On 01.10.2024, when this c ring, this case was listed for hearing, following or ing order was passed by this Court:- “Prayer in the Second under Section 438 Cr.P.C. i 20.06.2024 (Annexure P-1) und (Section 323 added lateron 17. Station Sadar Rupnagar, Punja Learned counsel for the the petitioner was ma that respondent No.2 herein about child was born out of their we allegations made in the FIR to the petitioner with his family complainant ablaze by pourin false and fabricated. It is compromise dated 07.04.2024 parties. However the compla compromise and has filed the almost 3 months i.e. on 20.06.2 on cond Anticipatory Bail Petition C. in the FIR No. 0040 dated ed under Sections 498-A & 323 IPC C ce 17.08.2024), registered at Police unjab. its the petitioner inter alia submits the complainant/ married out 6 years ago and one female le r wedlock. It is submitted that the he 24 IR to the effect that on 31.3.2024 ily members had tried to set the uring diesel on her, are utterly rly a submitted that thereafter a 024 was entered into between the he plainant resiled from the said id of the present FIR after a delay of nt .06.2024 in respect of the incident to RISHU KATARIA 2025.01.14 17:35 I attest to the accuracy and authenticity of this order/judgment. CRM-M-422 42222-2024 (O&M) -2- he her submitted that even as per the he FIR by the concerned DSP SP st evidence has been found against ed ccused. It is accordingly prayed ed concession of anticipatory bail. the petitioner undertakes that the en n the investigation as and when te with the investigating agency. ice A.A.G., Punjab, accepts notice State. the State in compliance of last ast 24 es status report dated 30.09.2024 f the Deputy Superintendent of of Rupnagar on behalf of respondent nt on Court today, which is taken on urt report dated 31.03.2024 in Court cord. on the State opposes prayer made on and on instructions from ASI SI at the complainant was admitted ed 4. 24 and discharged on 03.04.2024. per the MLR dated 31.03.2024, 2 , 2 nt. on the person of the complainant. learned counsel for the State, on ourt that there was neither trace ce he nant nor on the clothes of the as noticed above, the petitioner is the SHO/Investigating Officer to to be he event of his arrest, he will be he n his furnishing bail bonds to the tigating Agency, subject to the he (2) envisaged under Section 438(2) shall make himself available for nd the Investigating Officer as and shall not, directly or indirectly, ly, t, threat or promise to any person on de facts of the case so as to dissuade to sing such facts to the Court or to dated 31.03.2024. It is further s enquiry conducted into the F (Detective), Rupnagar, no evid the petitioner and other accus that the petitioner be granted co Learned counsel for the p petitioner is ready to join the required and shall cooperate w Notice of motion. Mr. Kunwarbir Singh, A on behalf of respondent No.1-St Learned counsel for the order dated 30.08.2024 files st by way of an affidavit of th Police, Rupnagar, District Rupn No.1-State of Punjab in Cou record. He also files MLR repo and the same is taken on record Learned counsel for the S behalf of the petitioner and Rajinder Singh, submits that th in the hospital on 31.03.2024 a He further submits that as per simple injuries were found on t On a direct Court query, lear instructions, informs this Cour of diesel on the complainant complainant. In view of the facts as no directed to appear before the join investigation and in the e released on interim bail on his satisfaction of SHO/Investiga following conditions as envis Cr.P.C.:- i. that the petitioner shall interrogation before the when required; that the petitioner shal make any inducement, th acquainted with the facts him/her from disclosing any police officer; that the petitioner shall n prior permission of the C passport, if any. Adjourned to 13.01.2025.” iii. ii. ut all not leave the country, without his the Court and shall surrender his Learned counsel for the petition ance etitioner submits that in compliance of the order order 01.10.2024, the petitioner has jo joined the investigation. RISHU KATARIA 2025.01.14 17:35 I attest to the accuracy and authenticity of this order/judgment. CRM-M-422 42222-2024 (O&M) -3- On instructions from ASI Rajin l for Rajinder Singh, learned counsel for the State su tate submits that in terms of the o ourt, the order passed by this Court, reproduced uced above, the petitioner has joined the investigation on 09.10.2024 2024 and is co-operating with the inve e investigating agency. In view of the above, the inte , he interim order dated 01.10.2024, passed by th by this Court directing the petitioner and titioner to join the investigation and co-operate w rate with the Investigating Agency, is is made absolute. However, the petitioner shal ions r shall abide by the conditions stipulated u ted under Section 438(2) Cr.P.C Cr.P.C. He shall also join the the investigation igation and cooperate with the invest investigating agency in case he is required for ed for the same in future as and w so. and when called upon to do so. In case at an e at any given point of time hereinafter ting inafter, it is felt by the investigating agency that y that the petitioner is required for not d for the investigation but is not cooperating, rating, they will be at liberty to app sing to approach this Court for passing appropriate riate orders.
Decision
sed of. The petition stands disposed of. Pending application(s), if any, s any, shall also stand disposed of. 2025 13.01.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.01.14 17:35 I attest to the accuracy and authenticity of this order/judgment.