IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: February 20^th, 2025 Mohammad Rafi .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Sandeep Kumar, Advocate for Mr. G.C. Shahpuri, Advocate for the petitioner.

MANJARI NEHRU KAUL, J.

Petitioner is seeking the concession of anticipatory bail in FIR No.326 dated 27.02.2022 under Section 174-A of the IPC registered at Police Station Shivaji Nagar, Gurugram.

2. On 10.01.2025, the following order was passed:

“On a pointed query put to learned counsel for the petitioner as to how the instant petition under Section 482 of BNSS, 2023 was maintainable since the petitioner admittedly is a proclaimed person, he, in support, has placed reliance upon the order of Hon’ble Supreme Court passed in Asha Dubey Versus The State of Madhya Pradesh, decided on 12.11.2024; it has been urged by the learned counsel that the Supreme Court held that it was not necessary that in all cases there was to be a total embargo on considering the application for the grant of anticipatory bail; the circumstances of each case, nature of the offence and the background based on which a perso