Akashdeep Singh vs State of Punjab

Manjari Nehru Kaul, J

Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.45 dated 08.04.2024 under Sections 323, 341, 336, 148, 149 of the Indian Penal Code, 1860 and Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Ranjit Avenue, District Amritsar.

Vide order dated 03.07.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:-

“Learned counsel for the petitioner, inter alia, contends that there is an unexplained delay of two days in the lodging of the FIR in question; even as per the allegations in the FIR, no specific role has been attributed to the petitioner except that the complainant had stated that after the occurrence in question, he had been making inquiries at his own level about the alleged assailants and later learnt that one of the assailants was the petitioner, who had waylaid and attacked him on the fateful day. It has also been submitted that all the offences are bailable in nature except for offences under the Arms Act, coupled with the fact that it is a case of no injury.”

Learned counsel for the petitioner submits that in compliance of order dated 03.07.2024, the petitioner has joined investigation and cooperated with the investigating agency.

Learned State counsel, on instructions from S.I. Rajwant Kaur, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

In view of the above, the petition is allowed and interim order dated 03.07.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.