High CourtsSingle Bench

Mohit Soni vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 22 May 2026 · Citation: (2026) 05 P&H CK 1080

HON’BLE JUDGES
Kirti Singh, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482, 482(2), 483(3) · Bharatiya Nyaya Sanhita, 2023 — Section 64, 318(4), 336(2), 336(3), 338, 340(2) · Indian Penal Code, 1860 — Section 376, 420, 465, 467, 468, 471 · Code Of Criminal Procedure, 1973 — Section 439(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (M) No. 71880 Of 2025 (O&M)
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Judgment

23 paragraphs · 672 words

Kirti Singh, J

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.423 dated 14.10.2025 under Sections 64, 318 (4), 336(2), 338, 336 (3), 340(2) of BNS, registered at Police Station City Faridkot, District Faridkot.

2.

Vide order dated 05.05.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:-

"1. Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No. 423 dated 14.10.2025 under Sections 64, 318 (4), 336(2), 338, 336 (3), 340(2) of BNS (earlier Sections 376, 420, 465, 467, 468, 471 IPC) registered at Police Station City Faridkot, District Faridkot.

2.

This Court on 19.12.2025 had passed the following order:

"xxxx

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case on the allegations that he trapped the complainant into a love affair on the pretext of marriage, which is totally malicious and baseless. It is submitted that the complainant is well known to the family of the petitioner and often visited his house. She was well aware of the fact that the petitioner is a married man with a 05 year old child. In fact, the complainant herself was earlier married at Gidderbaha and after three months of her marriage, her husband committed suicide. Thereafter she solemnized a second marriage at Ludhiana within one month of which she left her matrimonial home and took panchayati divorce from the second husband as well. Accordingly, it is prayed that the petitioner, who is ready and willing to join the investigation and cooperate, be granted the concession of anticipatory bail. He also seeks time to implead the complainant as necessary party to the petition.

Notice of motion.

Served with an advance copy to the petition, Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file reply.

Adjourned to 23.01.2026.

In the meantime, no coercive steps be taken against the petitioner till the next date of hearing."

3.

Matter called twice. None has put in appearance on behalf of respondent No.2.

4.

Adjourned to 22.05.2026

5.

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.

6.

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 Chamkaur Singh, submits that in compliance of order dated 05.05.2026, the petitioner has joined the investigation on 12.05.2026 and is not required for any further investigation.

4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 05.05.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS.

5.

This order should not be treated as "blanket" order. It will not be read as 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.

Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.

7.

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