1 RUDAN KUMAR RUDAN KUMAR STATE OF PUNJAB STATE OF PUNJAB v. …
Case Details
CRM-M-59174 59174-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 218 CRM CRM-M-59174-2025 Date of decision: 18.11.2025 Date of decision: 1 RUDAN KUMAR RUDAN KUMAR STATE OF PUNJAB STATE OF PUNJAB Versus ….Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Sukhwinder Singh Dhillon, Advocate, Mr. Sukhwinder Singh Dhillon, Advocate, for the petitioner. for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks FIR No.05 dated 14.09.2025, registered under Section 3 anticipatory bail in case FIR No.05 dated 14.09.2025, registered under Section 3 FIR No.05 dated 14.09.2025, registered under Section 3 anticipatory bail in case f Railway Act and Section 317 of BNS, 2023, at RP/UP Act, Sections 153 and 147 of Railway Act and Section 317 of BNS, 2023, at f Railway Act and Section 317 of BNS, 2023, at RP/UP Act, Sections 153 and 147 o Police Station RPF Sri Muktsar Sahib, District Sri Muktsar Sahib. Police Station RPF Sri Muktsar Sahib, District Sri Muktsar Sahib Police Station RPF Sri Muktsar Sahib, District Sri Muktsar Sahib 2. On 17.10.2025, following order had been passed: On 1 .10.2025, following order had been passed: - Prayer in the present petition filed under Section 482 of the BNSS, “Prayer in the present petition filed under Section 482 of the BNSS, Prayer in the present petition filed under Section 482 of the BNSS, “ anticipatory bail to the petitioner in case FIR 2023 is for grant of anticipatory bail to the petitioner in case FIR anticipatory bail to the petitioner in case FIR 2023 is for grant of No.05 dated 14.09.2025, registered under Section 3 RP/UP Act, No.05 dated 14.09.2025, registered under Section 3 RP/UP Act, No.05 dated 14.09.2025, registered under Section 3 RP/UP Act, No.05 dated 14.09.2025, registered under Section 3 RP/UP Act, Sections 153 and 147 of Railway Act and Section 317 of BNS, 2023, at Sections 153 and 147 of Railway Act and Section 317 of BNS, 2023, at Sections 153 and 147 of Railway Act and Section 317 of BNS, 2023, at Sections 153 and 147 of Railway Act and Section 317 of BNS, 2023, at Police Station RPF Sri Muktsar Sahib, District Sri Muktsar Sahib. Police Station RPF Sri Muktsar Sahib, District Sri Muktsar Sahib. Police Station RPF Sri Muktsar Sahib, District Sri Muktsar Sahib. s as per the prosecution case are that on 04.09.2025, Brief facts as per the prosecution case are that on 04.09.2025, s as per the prosecution case are that on 04.09.2025, few unknown persons committed theft of 80 pandrol clips from few unknown persons committed theft of 80 pandrol clips from few unknown persons committed theft of 80 pandrol clips from few unknown persons committed theft of 80 pandrol clips from accused Raj Kumar and Amit railway track. During investigation, co-accused Raj Kumar and Amit railway track. During investigation, co railway track. During investigation, co Kumar were arrested and lateron petitioner was arrayed as an Kumar were arrested and lateron petitioner was arrayed as an Kumar were arrested and lateron petitioner was arrayed as an Kumar were arrested and lateron petitioner was arrayed as an GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. accused in the present FIR. accused in th CRM-M-59174 59174-2025 - -2- Learned counsel for the petitioner contends that the petitioner Learned counsel for the petitioner contends that the petitioner Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. Learned counsel has been falsely implicated in the present case. Learned counsel has been falsely implicated in the present case. Learned counsel has been falsely implicated in the present case. Learned counsel submits that he has not committed any offence. It has also been submits that he has not committed any offence. It has also been submits that he has not committed any offence. It has also been submits that he has not committed any offence. It has also been nominated as an accused only contended that the petitioner has been nominated as an accused only contended that the petitioner has been contended that the petitioner has been accused Sagar @ on the basis of the disclosure statement made by co-accused Sagar @ on the basis of the disclosure statement made by co on the basis of the disclosure statement made by co Jita wherein it is stated that the petitioner has purchased pandrol Jita wherein it is stated that the petitioner has purchased pandrol Jita wherein it is stated that the petitioner has purchased pandrol Jita wherein it is stated that the petitioner has purchased pandrol accused. Apart from the disclosure statement, there clips from the co-accused. Apart from the disclosure statement, there accused. Apart from the disclosure statement, there clips from the co to connect the petitioner with the offence in is no other evidence to connect the petitioner with the offence in to connect the petitioner with the offence in is no other evidence - question and it is a trite law that disclosure statement of the co question and it is a trite law that disclosure statement of the co- question and it is a trite law that disclosure statement of the co accused during the custodial interrogation is not admissible. No accused during the custodial interrogation is not admissible. No accused during the custodial interrogation is not admissible. No accused during the custodial interrogation is not admissible. No recovery is to be effected from the petitioner. Learned counsel has recovery is to be effected from the petitioner. Learned counsel has recovery is to be effected from the petitioner. Learned counsel has recovery is to be effected from the petitioner. Learned counsel has bmitted that the petitioner is ready and willing to join the further submitted that the petitioner is ready and willing to join the bmitted that the petitioner is ready and willing to join the further su investigation as and when called upon to do so by the investigating investigation as and when called upon to do so by the investigating investigation as and when called upon to do so by the investigating investigation as and when called upon to do so by the investigating agency. agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, e and seeks time to file accepts notice on behalf of respondent-State and seeks time to file accepts notice on behalf of respondent accepts notice on behalf of respondent status report in the matter. status report in the matter. Adjourned to 18.11.2025. In the meantime, the petitioner is directed to join investigation In the meantime, the petitioner is directed to join investigation In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by within a week from today and would appear as and when required by within a week from today and would appear as and when required by within a week from today and would appear as and when required by the Investigating Agency. the Investigating Officer and cooperate with the Investigating Agency. the Investigating Officer and cooperate with the Investigating Officer and cooperate with In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on furnishing furnishing furnishing furnishing of of of of bail/surety bail/surety bail/surety bail/surety bonds bonds bonds bonds to to to to the the the the satisfaction satisfaction satisfaction satisfaction of of of of Arresting/Investigating Officer. The petitioner shall also abide by the Arresting/Investigating Officer. The petitioner shall also abide by the Arresting/Investigating Officer. The petitioner shall also abide by the Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” conditions as envisaged under Section conditions as envisaged under Section 3. Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the .10.2025 passed by this Court, the petitioner has joined the order dated 17.10.2025 passed by this Court, the petitioner has joined the .10.2025 passed by this Court, the petitioner has joined the order dated 1 investigation. 4. Learned counsel for the State, on instructions from Learned counsel for t Kuldeep he State, on instructions from SI Kuldeep , has submitted that the petitioner has joined the investigation and is no Kumar, has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim In view of the statement made by learned State counsel, the interim In view of the statement made by learned State counsel, the interim In view of the statement made by learned State counsel, the interim .10.2025 is made absolute. The petitioner shall continue to join order dated 17.10.2025 is made absolute. The petitioner shall continue to join .10.2025 is made absolute. The petitioner shall continue to join GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. CRM-M-59174 59174-2025 investigation, as and when called by the Investigating Officer and shall also abide investigation, as and when called by the Investigating Officer and shall also abide investigation, as and when called by the Investigating Officer and shall also abide investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. by the conditions as provided under Section 482(2) of the BNSS. by the conditions as provided under Section 482(2) of the BNSS. - -3- 18.11.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document.