Gurdeep Singh @ Raja vs State Of Punjab

Sanjay Vashisth, J

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of petitioner(s)

FIR No

Date

Section(s)

Police Station

District

Gurdeep Singh @ Raja

38

02.02.2025

307, 317(2) of BNS

Barnala

Barnala

On 01.12.2025, following order was recorded:-

"1. xxx

Learned counsel for the petitioner submits that initially FIR No. 15 dated 21.01.2025, under Sections 303(2) and 3(5) of the BNS, was registered at Police Station Sahnewal, District Police Commissionerate, Ludhiana.

Said FIR was registered at the instance of complainant, Joginder Singh, who alleged that he, being the driver of trailer No. HR38-Y-1720, had brought iron plates from Raigarh, Chhattisgarh on 07.01.2025 for delivery to R.K. Steel Industry at Ludhiana. On 15.01.2025, while he was sleeping, the trailer was stolen and was found missing when he woke up.

Counsel further clarifies that subsequently another FIR bearing No. 38 dated 02.02.2025, under Sections 307 and 317(2) of the BNS, was registered at Police Station Barnala (which is under challenge in the present case) regarding the same case property, i.e., the iron plates loaded in the trailer. FIR was lodged on the allegation that the accused persons, namely Avtar Singh, Sarabjit Singh @ Kala, and Gurmukh Singh, were found in possession of the stolen iron plates. Later, name of petitioner-Gurdeep Singh @ Raja, was also added on the allegation that he, being a scrap dealer, had agreed to purchase the stolen iron plates brought from Raigarh, Chhattisgarh.

It is also pointed out that in FIR No. 15 dated 21.01.2025, registered on the same set of allegations, petitioner has already been granted the concession of bail and, therefore, cannot be subjected to custodial interrogation again for the same offence. Counsel submits that nothing remains to be recovered from the petitioner, as the prosecution agency has already shown the recoveries effected from his house. He therefore states that the petitioner is ready to join the investigation again, if granted the concession of anticipatory bail.

Notice of motion.

Mr. Neeraj Madaan, Sr. DAG, Punjab, appears on behalf of respondent/State.

Learned State counsel does not materially dispute the sequence of events and admits that in FIR No. 15 dated 21.01.2025, wherein the petitioner's involvement is alleged on the same set of facts, he has already been granted regular bail by the learned trial Court. In this regard, learned State counsel refers to the order dated 03.03.2025 (P-6).

List on 16.02.2026.

Meanwhile, petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, petitioner shall be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. Petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."

Continuing the submissions, learned counsel for the petitioner contends that in compliance of the order dated 01.12.2025, passed by this Court, petitioner has joined the

Learned State counsel on instructions, confirms the said averment made by counsel for the petitioner of joining the investigation by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

Heard learned counsel for the parties.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 01.12.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

Accordingly, petition stands disposed of.