IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 29.10.2025 JASWINDER SINGH ......Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. N.S. Swaich, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Ms. Vibha Nagar, Advocate for Mr. Dinesh Nagar, Advocate for the complainant.

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KIRTI SINGH , J. (ORAL)

1. Prayer in the present petition filed under Section 438 Cr.P.C,, is for grant of anticipatory bail to the petitioner, in case FIR No.0148 dated 07.05.2025, under Sections 376, 506 & 384 IPC, registered at Police Station Kharar, District SAS Nagar, Mohali.

2. Vide order dated 06.08.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:-

“Apprehending arrest in FIR No.0148 dated 07.05.2025, under Sections 376, 506 & 384 IPC, registered at Police Station Kharar, District SAS Nagar, Mohali the petitioner has preferred this petition under Section 438 Cr.P.C. for grant of pre-arrest bail. Learned counsel for the petitioner inter alia submits that the petitioner has been wrongly implicated in the instant case on the false allegations leveled by the complainant. It is submitted that the petitioner and his wife, throughout had bonafide intentions and had always treated the complainant as family, so much so that they even got enrolled in Oren International at their own expense. However, the complainant cheated the petitioner and his wife and carried out theft of gold jewellary and other valuable articles from his house, which was later returned to the petitioner as a part of a compromise. A complaint in this regard had also been moved by the petitioner before the investigating agency on 26.11.2024. Similarly, two other complaints were filed by the petitioner against the complainant. It is submitted that the instant FIR is nothing but a counter blast to the said complaints, and that the petitioner is ready to join investigation and cooperate.

Per contra, learned counsel for the complainant has vehemently opposed the petition and submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of pre-arrest bail.

Learned State counsel has filed additional affidavit dated

31.7.2025 in Court today and the same is taken on record. It is submitted that all the complaints that the petitioner filed against the complainant are subsequent in time to the complaint dated 23.10.2024 received from the complainant-prosecutrix. It is further submitted, while relying upon the contents of the said affidavit dated 31.7.2025, that though during investigation no audio or video clip was produced by the complainant from which the allegations could be corroborated; however, as per the whatsapp chat produced, it has come on record that there was exchange of inappropriate pictures between the petitioner and the complainant. With respect to the allegation of theft leveled by the petitioner, it is stated that the prosecutrix had returned the valuable article of the petitioner under a compromise, pursuant to which the complaint of the petitioner was consigned to record.

Heard.

Adjourned to 29.10.2025.

Meanwhile, the arrest of the petitioner shall remain stayed.

He shall join investigation before the Investigating Agency/Officer. The petitioner shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;-

1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court.

Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner.”

3. Learned State counsel on instru