IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
211 CRM-M-33482-2025(O&M) Date of Decision: 08.12.2025 HARDEEP SINGH @ HARDEEP SINGH BHATTI ...Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Sanjeet Sood, Advocate and Mr. Lupil Gupta, Advocate for the petitioner.
Ms. Aakanksha Gupta, AAG Punjab.
*****
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.61 dated 28.04.2025, under Sections 85, 316(2), 351, 61(2) of the B.N.S., 2023, registered at P.S.
Badhni Kalan, District Moga.
2. While issuing notice of motion, the following order was passed by Co-ordinate Bench of this Court on 27.06.2025:-
“1. Through the instant petition, as instituted under Section 482 of the B.N.S.S., 2023, the petitioner seeks the concession of anticipatory bail, in FIR No.61 dated 28.04.2025, under Sections 85, 316(2), 351, 61(2) of the B.N.S., 2023, registered at P.S. Badhni Kalan, District Moga.
2. The learned counsel for the petitioner submits that, a matrimonial dispute between the petitioner and the complainant has been given the colour of criminal offence. The complainant has already filed a divorce petition by alleging that, the petitioner is having illicit relationship. No child is born out of the petitioner and complainant’s wedlock and the petitioner is ready to return all the dowry articles.
3. At this stage, Mr. Gurinder Singh Hayer, Advocate, records his appearance on behalf of the complainant, under a KAVITA NAIN validly executed Vakalatnama instituted before this Court today. He submits that, the dowry articles entrusted to the petitioner are yet to be recovered.
4. Notice of motion for 24.07.2025.
5. Mr. Sahil R. Bakshi, A.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.
6. Be that as it may, considering the fact that, the dispute is matrimonial in nature, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 482(2) of the B.N.S.S., 2023.
7. The petitioner is also directed to fully cooperate with the investigating officer and to hand over all the dowry articles.”
3. Learned State counsel on instructions from ASI Jagseer Singh submits that in compliance of order dated 27.06.2025, the petitioner has joined the investigation and is not required for any further investigation.
4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 27.06.2025 passed by this Court, is hereby made absolute.
5. 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.
6. 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.
7. 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.
8. The accused/petitioner shall not leave India without prior permission of the Court.
9. The accused/petitioner shall join the investigation as and when called by the police.
10. 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 a
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