CRM-M-63244 63244-2024 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN v. CRM-M-63244-2024 .10.2025 Date of Decision:- 17.10.2025
Case Details
CRM-M-63244 63244-2024 1 1 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 (102) Rakesh Kumar Rakesh Kumar State of Punjab and Anr. State of Punjab and Anr. Versus CRM-M-63244-2024 .10.2025 Date of Decision:- 17.10.2025 ……Petitioner ……Petitioner ……Respondents ……Respondents CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN Present: Ms. Sapna Seth, Advocate for the petitioner. Ms. Sapna Seth, Advocate for the petitioner. **** Mr. Amandeep Singh Samra, AAG, Punjab. Mr. Amandeep Singh Samra, AAG, Punjab. Mr. IPS Kholi, Advocate with Mr. Sidharth Maini, Advocate for respondent No.2. Mr. Sidharth Maini, Advocate for respondent No.2. ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral) 1. The present petition is for the grant of anticipatory bail to the The present petition is for the grant of anticipatory bail to the The present petition is for the grant of anticipatory bail to the petitioner in case FIR No.161 dated 12.11.2024, under Sections 406 and petitioner in case FIR No.161 dated 12.11.2024, under Sections 406 and petitioner in case FIR No.161 dated 12.11.2024, under Sections 406 and petitioner in case FIR No.161 dated 12.11.2024, under Sections 406 and A of the IPC, registered at Police Station Women, SAS Nagar, Mohali. 498-A of the IPC, registered at Police Station Women, SAS Nagar, Mohali. A of the IPC, registered at Police Station Women, SAS Nagar, Mohali. 2. Vide order dated 09.01.2025 Bench of this 09.01.2025, a Coordinate Bench of this Court, while granting the concession of interim anticipatory bail, directed Court, while granting the concession of interim anticipatory bail, directed Court, while granting the concession of interim anticipatory bail, directed Court, while granting the concession of interim anticipatory bail, directed the petitioner to join the investigation and v the petitioner to join the investigation ide order dated 03.09.2025, this and vide order dated 03.09.2025, this Court again directed the petitioner to join the investigation as recovery was Court again directed the petitioner to join the investigation as recovery was Court again directed the petitioner to join the investigation as recovery was Court again directed the petitioner to join the investigation as recovery was ected. to be effected. 3. Learned counsel for respondent No.2/complainant submits that Learned counsel for respondent No.2/complainant submits that Learned counsel for respondent No.2/complainant submits that the petitioner is avoiding the process of law and changing his address the petitioner is avoiding the process of law and changing his address the petitioner is avoiding the process of law and changing his address the petitioner is avoiding the process of law and changing his address repeatedly. However, counsel for the petitioner submits that the petitioner repeatedly. However, counsel for the petitioner submits that the petitioner repeatedly. However, counsel for the petitioner submits that the petitioner repeatedly. However, counsel for the petitioner submits that the petitioner will inform the Investigating Office r in case of any change in address and inform the Investigating Officer in case of any change in address and r in case of any change in address and shall also deposit his passport so that there is no occasion for flight risk. shall also deposit his passport so that there is no occasion for flight risk. shall also deposit his passport so that there is no occasion for flight risk. MANJU 2025.10.27 10:18 I agree to specified portions of this document CRM-M-63244 63244-2024 2 2 4. Learned State counsel, on instructions, submits that the Learned State counsel, on instructions, submits that the Learned State counsel, on instructions, submits that the petitioner has joined the investigation and his custodial interrogation is no petitioner has joined the investigation and his custodial interrogation is no petitioner has joined the investigation and his custodial interrogation is no petitioner has joined the investigation and his custodial interrogation is no longer required, although the recovery of certain articles is yet to be longer required, although the recovery of certain articles is yet to be longer required, although the recovery of certain articles is yet to be longer required, although the recovery of certain articles is yet to be effected. However, learned counsel for the petitioner submits that all the effected. However, learned counsel for the petitioner submits that all the effected. However, learned counsel for the petitioner submits that all the effected. However, learned counsel for the petitioner submits that all the - articles belonging to the petitioner are in the possession of the respondent articles belonging to the petitioner are in the possession of the respondent- articles belonging to the petitioner are in the possession of the respondent wife, as the petitioner the petitioner was residing in the of the house owned by the father of respondent- . Hence, there is no occasion for him to have taken those wife. Hence, there is no occasion for him to have taken those . Hence, there is no occasion for him to have taken those articles. 5. Learned counsel for the petitioner further submits that the Learned counsel for the petitioner further submits that the Learned counsel for the petitioner further submits that the articles to be recovered include a set of gold articles to be recovered include a set of earrings that were gifted to the gold earrings that were gifted to the petitioner’s sister, who resides in Australia, and therefore, recovery is not petitioner’s sister, who resides in Australia, and therefore, recovery is not petitioner’s sister, who resides in Australia, and therefore, recovery is not petitioner’s sister, who resides in Australia, and therefore, recovery is not that the petitioner is willing to feasible. However, it is fairly submitted that the petitioner is willing to that the petitioner is willing to feasible. However, wife towards the deposit an amount of Rs. 2 lakhs with the respondent-wife towards the deposit an amount of Rs. 2 lakhs with the respondent deposit an amount of Rs. 2 lakhs with the respondent appropriate cost of the said earrings under proper receipt appropriate cost of the said earrings to be exchanged under proper receipt to be exchanged before the Investigating Officer. before the Investigating Officer 6. Subject to the above conditions, the petition is allowed. The Subject to the above conditions, the petition is allowed. The Subject to the above conditions, the petition is allowed. The , granting interim anticipatory bail to the petitioner, order dated 09.01.2025, granting interim anticipatory bail to the petitioner, , granting interim anticipatory bail to the petitioner, order dated made absolute. However, the petitioner shall join the investigation as and is made absolute. However, the petitioner shall join the investigation as and made absolute. However, the petitioner shall join the investigation as and made absolute. However, the petitioner shall join the investigation as and when called upon to do so by the Investigating Agency and shall abide by when called upon to do so by the Investigating Agency and shall abide by when called upon to do so by the Investigating Agency and shall abide by when called upon to do so by the Investigating Agency and shall abide by the conditions of Section 482 BNSS, 2023. the conditions of Section 482 BNSS, 2023. 7. ounsel for respondent No.2 has handed over a At this stage, counsel for respondent No.2 has handed over a ounsel for respondent No.2 has handed over a copy of the proceedings pending before various other forums, in which the copy of the proceedings pending before various other forums, in which the copy of the proceedings pending before various other forums, in which the copy of the proceedings pending before various other forums, in which the petitioner undertakes to appear on the next date of hearing. petitioner undertakes to appear on the next date of hearing. petitioner undertakes to appear on the next date of hearing. MANJU 2025.10.27 10:18 I agree to specified portions of this document CRM-M-63244 63244-2024 3 3 8. It is made clear that, in case the petitioner fails to appear in It is made clear that, in case the petitioner fails to appear in It is made clear that, in case the petitioner fails to appear in e State as well as the other proceedings initiated between the parties, the State as well as the other proceedings initiated between the parties, th other proceedings initiated between the parties, th complainant shall be at liberty to seek cancellation of the petitioner’s bail. complainant shall be at liberty to seek cancellation of the petitioner’s bail. complainant shall be at liberty to seek cancellation of the petitioner’s bail. 9. However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final expression of opinion on the merits of the case. expression of opinion on the merits of the case. expression of opinion on the merits of the case. 10. e the petitioner is found It is further clarified that, in case the petitioner is found It is further clarified that, in cas involved in any such activity again, the present concession granted shall involved in any such activity again, the present concession granted shall involved in any such activity again, the present concession granted shall involved in any such activity again, the present concession granted shall automatically stand vacated. automatically stand vacated. 11. This order shall not be construed as granting parity to any This order shall not be construed as granting parity to any This order shall not be construed as granting parity to any accused. other co-accused. 17, 2025 October 17 manju Whether speaking/reasoned:- Whether speaking/reasoned: Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.10.27 10:18 I agree to specified portions of this document