IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 10.02.2026 AKASH @ AKASH MASIH @ RAJA ......Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. G.S. Randhawa, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

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KIRTI SINGH , J. (ORAL)

1. Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner, in case FIR No. 070 dated 15.10.2025, under Sections 137(2) and 87 of BNS, 2023, registered at Police Station Ghuman Kalan, District Gurdaspur.

2. Vide order dated 23.01.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:-

“Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No. 070 dated 15.10.2025, under Sections 137(2) and 87 of BNS, 2023, registered at Police Station Ghuman Kalan, District Gurdaspur.

Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in this case on the statement of the complainant, levelling allegations that the petitioner enticed away her minor daughter. In fact, the petitioner and the prosecutrix were well known to each other. However, when the said fact came into the knowledge of the complainant and his wife, they intended to marry the prosecutrix with someone else, confined her in a room and gave beatings to her. Therefore, the prosecutrix left her house at her own accord and joined the company of the petitioner. It is further submitted that now both the parties, after attaining the age of majority by the prosecutrix, have solemnized marriage on 03.1.2026. Reliance has been placed on the marriage certificate (Annexure P-

2).

Notice of motion.

Served with an advance copy of the petition, Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file reply. Learned State counsel, on instructions from SI Satnam Singh, submits that the prosecutrix in her statement under Section 183 of BNSS, 2023 has not supported the case of the prosecution, and is residing happily with the petitioner.

Adjourned to 10.2.2026.

In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. He 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 instructions from ASI Satnam Singh, submits that in compliance of order dated 23.01.2026, the petitioner has joined the investigation on 05.02.2026 and is not required for any further investigation.

4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 23.01.2026 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(s) 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(s).

7. The accused-petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as