IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

210 CRM-M-47961-2025(O&M) Date of Decision: 27.10.2025 PARAMJIT SINGH JOHAL ...Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Amit Gupta, Advocate for the petitioner.

Ms. Mandeep Kaur, DAG, Punjab.

Mr. A.S.Manaise, Advocate for respondent No.2.

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KIRTI SINGH , J. (Oral)

1. Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.98 dated 12.07.2025 under Section

376 of IPC registered at Police Station Dhariwal, District Gurdaspur.

2. The following order was passed on 26.09.2025:-

“On 29.08.2025, while issuing notice of motion, the following order was passed by this Court:-

“Prayer in the present petition filed under Section 482 of BNSS,is for grant of anticipatory bail to the petitioner, in case FIR No. 98 dated 12.07.2025, under Section 376 of IPC, registered at Police Station Dhariwal, District Gurdaspur.

Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the instant on the statement of prosecutrix, alleging that the petitioner has committed rape upon her without her consent, however even the date, time or year of commission of the alleged offence has not been mentioned in the FIR. It is submitted that the prosecutrix and her husband had taken an amount of Rs.60 lacs from the petitioner on the pretext of arranging job for his daughter-in-law, which was paid through bank transaction. When the prosecutrix and her husband failed to provide a job, the petitioner demanded his money back. The KAVITA NAIN matter was compromised, in terms of which, prosecutrix I agree to specified portions issued two cheques of Rs.30 lacs each in favour of the petitioner, which were later dishonored, against which the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, before the competent Court of jurisdiction, which is pending adjudication. It is further submitted that in this regard, the petitioner also lodged one FIR bearing No.140 dated 13.10.2022 under Sections 420 and 120-B of IPC at Police Station Dhariwal, District Gurdaspur against the prosecutrix and her husband. It is further submitted that one more FIR bearing No.263 dated

28.12.2022 has been registered under Sections 420, 465, 467, 468 and 471 of IPC by one Jaspreet Singh on the similar set of allegations against the prosecutrix.

Notice of motion.

Ms. Guramrit Kaur, DAG, Punjab waives service of notice on behalf of respondent-State and prays for some time to file reply.

Mr. A.S. Manaise, Advocate put in appearance on behalf of complainant and prays for time to file his power of attorney.

Adjourned to 16.09.2025.

In the meantime, arrest of the petitioner shall remain stayed”

Learned counsel for the petitioner submits that there is an inordinate and unexplained delay of 5 years in lodging the present FIR, and there is no medical evidence to substantiate the allegations. The petitioner is ready to join investigation and cooperate with the investigating agency.

Learned State counsel as well as the learned counsel for the complainant oppose the instant petition. It is submitted by the learned State counsel that during inquiry being made into the present FIR, the allegations levelled against the petitioner were found to be correct.

Learned counsel for the complainant submits that the allegations with regard to taking money by the complainant from the petitioner on the pretext of arranging job for his daughter-in-law, are false and concocted. Further, the petitioner in his conversation with Satinder Singh, Sarpanch of village Ball, Tehsil and District Gurdaspur, had admitted the factum of commission of rape by him upon the complainant. Therefore, it is submitted that in view of the gravity of offences, the petitioner is not entitled to the concession of anticipatory bail.

Heard.

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