IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

210 Date of decision: 09.09.2025 DEEN MOHD ....Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Ms. Rosi, Advocate for the petitioner.

Mr. Pawan Kumar Jhanda, Sr. DAG, Haryana.

SANJAY VASHISTH. J.(Oral)

1. The present petition has been filed under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the petitioner in case FIR No.357 dated 17.08.2023 (Anexure P-1), under Sections 323, 376, 316, 452, 34 of the IPC (later on Sections 376, 452, 323 of the IPC were deleted and Sections 324 and 506 of the IPC were added), registered at Police Station Sadar Tauru, District Nuh.

2. Status report dated 10.07.2025 by way of an affidavit of Abhimanyu, Deputy Superintendent of Police, Tauru has been filed on behalf of respondent-

State. The same is taken on record.

3. On 05.06.2025, following order was passed:-

Application is allowed as prayed for and Annexures P-1 to P-5 are taken on record.

The present petition has been filed under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the petitioner in case FIR No.357 dated 17.08.2023 (Anexure P-1), under Sections 323, 376, 316, 452, 34 of the IPC (later on Sections 376, 452, 323 of the IPC were deleted and Sections 324 and 506 of the IPC were added), registered at Police Station Sadar Tauru, District Nuh. Learned counsel appearing on behalf of the petitioner inter alia contends that the FIR in question about the miscarriage was registered against the in-laws of the complainant but the petitioner who is related to the complainant has been falsely implicated. She contends that a specific affidavit in this regard has also been sworn by the complainant that the mis carriage took place on account of the beatings extended to the complainant. She contends that notwithstanding the complainant not supporting the case of the prosecution, the petitioner has been roped in as an accused. She contends that the petitioner is ready and willing to join the investigation as and when so required.

Notice of motion.

Mr. Tapan Kumar, DAG, Haryana appears and accept notice on behalf of respondent-State.

To come up on 30.07.2025, for further consideration.

In the meantime, the petitioner is directed to join investigation as and when required by the Investigating Agency. In the event of petitioner joining investigation, he shall be admitted to interim bail by the arresting officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner shall also abide by the conditions as specified under Section 482 of the BNSS, 2023.”

4. Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 05.06.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

5. Learned State counsel on instructions from the official respondent confirms the said averment made by counsel for the petitioner of joining the investigation on 19.06.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

6. Heard learned counsel for the parties.

7. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 05.06.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

8. Accordingly, petition stands disposed of.

(SANJAY VASHISTH)

09.09.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No