14.01.2025 Date o v. The State of tate of Punjab
Case Details
CRM-M-493 49398-2024 -1- IN THE HIG HIGH COURT OF PUNJAB AND HA D HARYANA AT CHANDIGARH 207 Ajay CRM-M-49398-2024 CRM Date of Decision: 14.01.2025 Date o .… Petitioner Versus The State of tate of Punjab .... Respondent CORAM: H
Legal Reasoning
M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - Mr. Sanjeev K. Virk, Advocate ocate for the petitioner. Mr. Manmeet Singh Teji, AAG, AAG, Punjab. NIDHI GUP I GUPTA, J. (ORAL) Prayer in this 1st petition file the n filed under Section 482 of the Bharatiya Na Nagarik Suraksha Sanhita, 2023, bail , is for grant of anticipatory bail to the petitio petitioner in case FIR No. 209 dated 1) dated 05.08.2024 (Annexure P-1) registered un red under Sections 74, 78 and 351 of hita, 51 of the Bharatiya Nyaya Sanhita, 2023 (Sectio (Sections 8 and 12 of the Protectio xual otection of Children from Sexual Offences Ac ces Act, 2012, added later on vide DDR e DDR No. 36 dated 28.08.2024) at Police Statio Station City Kapurthala, District Kapu t Kapurthala. On 18.10.2024, when this c ring, this case was listed for hearing, following or ing order was passed by this Court:- “Prayer in this petitio Bharatiya Nagarik Suraksha S of anticipatory bail to the pe dated 05.8.2024 (Annexure P of Bharatiya Nyaya Sanhita ( POCSO Act added later o 28.8.2024), registered at Poli District Kapurthala. etition filed under Section 482 82 ha Sanhita (B.N.S.S.) is for grant nt 09 petitioner in case FIR No.209 P-1) under Sections 74, 78, 351 51 ita (BNS) (Sections 8 and 12 of of ed r on vide DDR No.36 dated la, Police Station City Kapurthala, Learned counsel for the that the petitioner has been fal The main accused in the pr Paramjit Singh, resident of Police Station City, Kapurthala its the petitioner, inter alia, submits n falsely implicated in the matter. er. e present matter is Pankaj s/o s/o ur, of Mohalla Sudan, Sheikhpur, on thala, against whom the allegation RISHU KATARIA 2025.01.15 19:44 I attest to the accuracy and authenticity of this order/judgment. CRM-M-493 49398-2024 -2- is that on the date of incident i run over his scooter on the feet complainant. Learned couns allegation against the petitione said Pankaj on the scooter wh place. Learned counsel for the p interim relief to the petition petitioner will join the investig Investigating Agency. ad ent i.e. 23.7.2024 said Pankaj had feet of the victim/daughter of the he ly ounsel submits the only nd ioner is that he was riding behind ok r when the alleged incident took the petitioner prays for grant of he itioner and undertakes that the he estigation and co-operate with the that Notice of motion. urt, Mr. Kunwarbir Singh, AAG, G, On asking of the Court, behalf of respondent-State and nd Punjab accepts notice on beh he tions have been made against the submits that serious allegation at the petitioner alongwith the he petitioner in the FIR that t im tease, taunt and trouble the victim co-accused Pankaj used to teas from school in auto-rikshaw. when she used to come fro he for the State seeks time to file the However, learned counsel for t reply/status report in the matter atter. 25. Adjourned to 14.1.2025. e petitioner is directed to appear ar In the meantime, the pe ting Officer to join investigation on before the SHO/Investigating im st, he shall be released on interim and in the event of his arrest, h ail bonds to the satisfaction of of bail on his furnishing bail b ns subject to the following conditions SHO/Investigating Agency subj 438(2) Cr.P.C.:- as envisaged under Section 438 i) shall make himself available for that the petitioner shal e the Investigating Officer as and interrogation before the when required ; that the petitioner shal make any inducement, thr acquainted with the facts him/her from disclosing s any police officer; that the petitioner shall n prior permission of the C passport, if any. Meanwhile, State counse as to the exact role of the petit pending FIRs, if any, on or befo ly, shall not, directly or indirectly, t, threat or promise to any person facts of the case so as to dissuade ing such facts to the Court or to unsel is directed to file an affidavit vit of petitioner alongwith the details of before the next date of hearing.” all not leave the country, without he Court and shall surrender his iii) ii) Learned counsel for the petition ance etitioner submits that in compliance of the order order 18.10.2024, the petitioner has jo joined the investigation. Status report dated 06.01.2025 it of .2025, filed by way of affidavit of Sh. Deepkar eepkaran Singh, Deputy Superintende onal intendent of Police, Sub Divisional Kapurthala, thala, on behalf of respondent-State is tate is taken on record. RISHU KATARIA 2025.01.15 19:44 I attest to the accuracy and authenticity of this order/judgment. CRM-M-493 49398-2024 -3- On instructions from ASI Bald l for Baldev 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 20.10.2024 2024 and is co-operating with the t is th the investigating agency. It is submitted th tted that this fact has also been men the n mentioned in para No. 6 of the aforesaid sta aid status report. In view of the above, the inte , he interim order dated 18.10.2024, 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 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 14.01.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.01.15 19:44 I attest to the accuracy and authenticity of this order/judgment.