Malkeet Singh vs State of Punjab and others

Kirti Singh, J

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of anticipatory bail to the petitioner, in case FIR No. 0077 dated 01.5.2025, under Sections 137(2), 87, 140(3), 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Beas, District Amritsar.

Vide order dated 28.5.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:-

“Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.0077 dated 01.05.2025, under Sections 137(2), 87, 140(3), 351(2) and 3(5) of BNS, registered at Police Station Beas, District Amritsar Rural, Punjab.

Learned counsel for the petitioner inter alia submits that as per the FIR there are allegations of abduction and criminal intimidation of the prosecutrix, who has solemnized marriage with the co-accused Princepal Singh alias Prince (petitioner’s brother) of her own free will and has affirmed the same in her sworn affidavit dated 19.05.2025. She has not made any allegations against the petitioner. Further the prosecutrix and co-accused has been granted protection by this Court vide order dated 14.05.2025 passed in CRWP-4947-2025.

Notice of motion.

At the asking of the Court, Ms. Guramrit Kaur, DAG, Punjab, accepts notice on behalf of respondent-State and prays for time to file reply.

Ms. Himani, Advocate has put in appearance on behalf of respondent No.2 and files his Vakalatnama in Court today, which is taken on record. Respondent No.2 is also present in person who has admitted the factum of marriage with the co-accused.

Adjourned to 28.07.2025.

In the meantime, arrest of the petitioner shall remain stayed. He shall join investigation before the Investigating Agency/Officer and shall also abide by the following conditions as envisaged under Section 482(2) BNSS:-

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 of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court.”

Learned State  counsel  on  instructions  from  ASI  Balwinder Singh, submits that in compliance of order dated 28.5.2025, the petitioner has joined the investigation and is not required for any further investigation.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 28.5.2025 passed by this Court, is hereby made absolute.

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.

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.

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.

The accused-petitioner shall not leave India without prior permission of the Court.

The accused-petitioner(s) shall join the investigation as and when called by the police.

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, 2023 (erstwhile Section 439(2) of Cr.P.C.) to arrest the accused-petitioner, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.

Pending  miscellaneous  application(s),  if  any,  also  stands disposed of.