Citation : 2026 Latest Caselaw 2608 P&H
Judgement Date : 17 March, 2026
CRM-M-49503-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
111 CRM-M-49503-2025
Decided on:17.03.2026
Amarjot alias Sam ......Petitioner
Versus
State of Punjab ......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Ajaypal Singh, Advocate for
Mr. Amandeep Singh Manaise, Advocate the petitioner.
Mr. Vinay Malhotra, DAG, Punjab.
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SANJAY VASHISTH, J.
1. Prayer in this petition, filed under Section 482 of the BNSS,
2023, 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 FIR Date Section(s) Police Station Petitioner No.
(s) Amarjot @ 199 08.07.2025 331(4), 305 of BNS Civil Lines Sam aged Batala, about 36 Gurdaspur years
2. After hearing learned counsel for the petitioner, following
was recorded on 05.09.2025:
"1. xxxx
2. On oral request made by counsel for the petitioner, complainant namely Yogi Nair, son of Ralla Ram Nair, resident of Krishan Nagar, Batala, District Gurdaspur, (Mobile No.9815144141), is ordered to be impleaded as respondent No.2 in the present case.
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Let amended memo of parties be filed by counsel for the petitioner in the Registry, within a period of two days from today, without moving any separate application.
3. Learned counsel for the petitioner, inter alia, contends that case of the complainant/respondent No.2, as set out in the FIR, is that petitioner had earlier taken the second floor of the building on rent, which he has since vacated about a month ago. However, it is alleged that petitioner has now broken the locks of the premises and taken away certain items, i.e. an air conditioner, a water machine, and two ceiling fans. It is submitted that FIR does not disclose, how complainant/respondent No.2 has attributed the alleged act of theft specifically to the petitioner, or what material supports such a conclusion.
4. Further submits that case appears to be false and motivated.Nevertheless, petitioner is ready and willing to join the investigation and cooperate with the authorities, provided he is granted protection from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.
5. Notice of motion.
6. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
7. Adjourned to 06.11.2025.
Let respondent No.2/complainant be served through SHO concerned for the next date of hearing fixed before this Court.
8. Meanwhile, petitioner shall not be arrested However, issue of joining of investigation by the petitioner would be examined on the next date of hearing, after reviewing the status report, which is yet to be filed by learned State counsel."
3. On the next date of hearing, the respondent-State was
granted another opportunity to point out specific evidence supporting the
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allegations. Despite filing a status report and being afforded this
opportunity, at the time of hearing, the learned State counsel could not
point out any specific evidence collected during the investigation that
would necessitate custodial interrogation of the petitioner. Learned Sate
counsel further submits that no CCTV cameras were installed at the
relevant site, and therefore the allegations could not be corroborated
through video recordings.
4. On the other hand, the learned counsel for the petitioner
submits that petitioner is willing to join the investigation, provided he is
granted protection from arrest.
5. I have heard learned counsel for the parties and gone
through the paper-book.
6. Examining the allegations recorded in the earlier order dated
05.09.2025, and in the absence of any adverse material pointed out by the
counsel for the State, this Court deems it appropriate to allow the present
petition. Petitioner is directed to join the investigation within two weeks
from today. In the event of his arrest, petitioner shall be released on bail,
subject to his furnishing bail bonds to the satisfaction of the Arresting
Officer. The petitioner shall also be abide by all the conditions laid down
under Section 482(2) of BNSS, 2023.
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.
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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.
7. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) JUDGE March 17,2026 rashmi
Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO
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