2025 Supreme(Online)(P&H) 22479
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 08.12.2025 VINOD ...Petitioner Versus STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Anupinder Brar, Advocate for the petitioner.
Ms. Aakanksha Gupta, AAG, Punjab.
Mr. Deepak Arya, Advocate for Mr. K.S. Brar, Advocate for respondent No.2.
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KIRTI SINGH , J. (Oral)
1. Apprehending 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.123 dated 17.8.2025, under Sections 96, 137(2) of BNS, 2023 (Section 127(2) of BNS, 2023 added later on), registered at Police Station Cantt. Ferozepur, District Ferozepur.
2. This Court while issuing notice of motion on 09.10.2025 passed the following order:-
“Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No. 0123 dated 17.8.2025, under Sections 96, 137(2) of BNS, 2023 (Section 127(2) of BNS, 2023 added later on), registered at Police Station Cantt. Ferozepur, District Ferozepur.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case being the father of the main accused. The petitioner has not been named in the present FIR, and it was during investigation, he was nominated as an accused vide Rapat No. 15 dated 02.9.2025. It is further submitted that the victim in her statement under Section 183 of BNSS, 2023 denied to go with her parents due to threats. Therefore, vide order dated 23.9.2025 (Annexure P-3) passed by learned Judicial Magistrate Ist Class, Ferozepur, she was sent to Nari Niketan, Abohar.
On the oral request of the learned counsel for the petitioner, the complainant is impleaded as respondent No. 2 in the present petition.
Registry is directed to carry out necessary amendment in the memo of parties. Notice of motion.
Served with an advance copy of the petition, Ms. Aakanksha Gupta, AAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file reply.
Mr. Ankit, Advocate for Mr. Kararnjeet Brar, Advocate puts in appearance on behalf of the complainant. He undertakes to file his power of attorney in the Registry of this Court.
Adjourned to 03.11.2025.
Meanwhile, no coercive steps shall be taken against the petitioner.”
3. Thereafter, vide order dated 03.11.2025, petitioner was directed to join investigation.
4. Learned State counsel on instructions from the investigating officer concerned, submits that in compliance of order dated 03.11.2025, the petitioner has joined the investigation and is not required for any further investigation.
5. Having considered the aforesaid facts and circumstances, the petition is allowed. Orders dated 09.10.2025 and 03.11.2025 passed by this Court, are hereby made absolute.
6. This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
7. This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.
8. The accused/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 or her from disclosing such facts to the Court or to any police officer.
9. The accused/petitioner shall not leave India without prior permission of the Court.
10. The accused/petitioner shall join the investigation as and when called by the police.
11. It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as abscon