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2025 Supreme(Online)(P&H) 26112

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



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 27.01.2026 Uploaded on : 27.01.2026 Akash ……Petitioner(s)

Versus State of Punjab ……Respondent(s)

CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Prateek Sodhi, Advocate for the petitioner (s).

Mr. Adhiraj Singh, AAG, Punjab.

Mr. Kunal Vinayak, Advocate for the complainant.

*****

Sumeet Goel (Oral):

1. Apprehending his arrest in FIR No.221 dated 31.10.2025 registered for offences punishable under Sections 115(2), 118(1), 151 and 333 of BNS 2023 at Police Station Sadar, District Amritsar; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

2. On 18.11.2025, the following order was passed:

“Apprehending his arrest in FIR No.221 dated

31.10.2025 registered for offences punishable under Sections 115(2), 118(1), 151 and 333 of BNS 2023 at Police Station Sadar, District Amritsar; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

Counsel for the petitioner, inter alia, contends that the petitioner is a man aged 31 years with clean antecedents, the petitioner has been falsely implicated into the FIR in question since he had made complaint(s) repeatedly against the FIR- complainant regarding noise(s) coming from his factory and disturbing the residents of the locality, there is a delay in lodging of the FIR, no effective recovery is to be made from the petitioner & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On the strength of advance notice; Mr. Adhiraj Singh, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab.

Adjourned to 17.12.2025 The petitioner is directed to appear before the Investigating Officer on 26.11.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”

3. Learned State counsel (on instructions from ASI Shiv Kumar) has submitted that the petitioner has joined investigation and he is not required for custodial interrogation.

4. Learned counsel appearing for the complainant while relying upon the averments contained in CRM-51152-2025 has submitted that the petitioner is mis-using the concession of interim bail extended to him vide order dated 18.11.2025. The State has filed reply to the above said application, relevant whereof reads thus:

6. “That it is humbly submitted that during the investigation, the complainant has filed applications UID No. 716619 dated 09.12.2025 and 1449-5E dated 01.11.2025 regarding threatening him, who verification was conducted through Station House Officer, Police Station Sadar, Amritsar City.

7. That the Station House Officer, Police Station Sadar, Amritsar City reported therein that the verification relating to the allegation alleged by the complainant Rashim Mehra was conducted through ASI Ranjit Singh, who has reported therein that the complainant Rashim Mehra could not produce any solid evidence or witness to support his version and the allegations of the complainant Rashim Mehra were not proved or substantiated.”

5. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation and he is not being sought for custodial interrogation, the petition is allowed and the order dated 18.11.2025 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS.

6. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protect

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