Gaurav v. State of Punjab
Case at a glance
- Decided
- 28 Jan 2025
- Bench
- HARPREET SINGH BRAR
Outcome
Disposed of
The petition stands disposed of
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 482, 482(2)
- Bharatiya Nyaya Sanhita, 2023 ss. 109, 140(3), 281, 304(2), 305, 317(2), 324(2), 331(3)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Prashant Bansal, Advocate for Mr. Sumit Dua, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR J. (Oral)
This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case bearing FIR No.217 dated
29.10.2024, under Sections 324(2), 304(2), 317(2), 109, 281 of the B.N.S. (Sections 140(3), 331(3), 305 of the B.N.S. added subsequently), registered at P.S. Sadar Jalandhar.
On 04.12.2024, the following order was passed:- “XX XX XX XX
2. The learned counsel for the petitioner inter alia submits that, all the allegations are levelled against the main accused Saurav, who happens to be the petitioner’s brother. In fact, the petitioner runs a cafe in Shimla and visits Punjab occasionally. The petitioner has been falsely dragged in the present FIR by recording the statement of one victim Amanpreet Singh, who has admittedly taken a loan from petitioner’s brother and has not repaid the same. MOHD YAKUB 2025.01.28 17:14 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M No.60879 of 2024 2
Notice of motion for 28.01.2025.
Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.
In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 482(2) of the B.N.S.S., 2023.”
3. Learned State counsel, on instructions from ASI Narain Gaur, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required.
4. In view of the statement of learned State counsel, order dated 04.12.2024 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).
Operative part
5. The petition stands disposed of. (HARPREET SINGH BRAR) JUDGE
28.01.2025 Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MOHD YAKUB 2025.01.28 17:14 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 482, 482(2); Bharatiya Nyaya Sanhita, 2023 — ss. 109, 140(3), 281, 304(2), 305, 317(2), 324(2), 331(3); Code of Criminal Procedure, 1973 — s. 438(2).
Which court decided this case, and when?
Punjab & Haryana High Court, on 28 Jan 2025. The bench was HARPREET SINGH BRAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.