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2024 Supreme(Online)(P&H) 12013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44929-2024(O&M) Date of Decision: 14.11.2025 Jaspal Singh ..Petitioner Versus State of Punjab & anr. ..Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. N.S. Mahal, Advocate for the petitioner.

Mr. Kunwarbir Singh, AAG, Punjab.

Ms. Amandeep Kaur, Advocate for respondent No.2.

S HALINI SINGH NAGPAL , JUDGE

1. Petitioner seeks anticipatory bail in FIR No.083 dated 17.08.2024 under Sections 406 & 498-A IPC, Police Station Women, District Jalandhar. This is his first petition for anticipatory bail.

2. On 20.09.2024, following order was passed. :- “Prayer in this petition filed under Section 482 Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) is for grant of anticipatory bail to the petitioner in case FIR No.083 dated 17.8.2024 (Annexure P-1) under Sections 406 and 498-A IPC, registered at Police Station Women, Police Commissionerate, District Jalandhar, Punjab.

Learned counsel for the petitioner, inter alia, submits that the petitioner was married to the complainant/respondent No.2 herein on 13.10.2019. One daughter was born out of the said wedlock on 10.08.2020, who is currently in the care and custody of the complainant. It is submitted that the petitioner and the complainant have frequent marital disagreements. A compromise dated 14.10.2023 had also been entered into between the petitioner and the complainant, however, despite that the complainant never rejoined the company of the petitioner in the matrimonial home. It is contended that in actual fact, the present FIR is a counter-blast to the complaint registered by the petitioner on 14.11.2023 (Annexure P-2) in respect of an incident dated 13.11.2023 when the complainant and her family members had inflicted a deadly attack upon the petitioner and his mother. Learned counsel for the petitioner prays for grant of interim relief to the petitioner and undertakes that the petitioner will join the investigation and co-

operate with the Investigating Agency.

Notice of motion.

On asking of the Court, Mr. Kunwarbir Singh, AAG, Punjab accepts notice on behalf of respondent No.1-State and filed the Status report dated 19.9.2024 by way of affidavit of Bharat Masih Ladhar, Assistant Commissioner of Police, Special Branch and Criminal Intelligence-cum-PBI/CAW & Children, Jalandhar, in the Court today. The same is taken on record. Copy thereof supplied to the counsel opposite. Learned counsel for the State has opposed the prayer made on behalf of petitioner and submits that serious allegations have been made in the FIR against the petitioner.

Adjourned to 31.1.2025.

In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency subject to the following conditions as envisaged under Section

438(2) Cr.P.C.:-

i) that the petitioner shall make himself available for interrogation before the Investigating Officer as and when required ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer ;

iii) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.

Meanwhile, State counsel is directed to file an affidavit as to the exact role of the petitioner alongwith the details of pending FIRs, if any, on or before the next ”

date of hearing.

3. Learned State counsel concedes that petitioner had joined investigation. Prayer for anticipatory bail is opposed on the ground that three gold articles are yet to be recovered.

4. Benefit of anticipatory bail cannot be declined only for the reason that entire recovery has not been effected. Considering all relevant facts and circumstances of the case, but wi

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