Avinash Gill Alias Avinash Kumar Alias Parotha Vs… — Anticipatory Bail | Punjab & Haryana HC (2025)

Avinash Gill Alias Avinash Kumar Alias Parotha Vs… — Anticipatory Bail | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: interim bail granted vide order dated 07.03.2025 confirmed, subject to conditions under Section 482(2) of BNSS; petitioner to join investigation as and when required by written notice of the Investigating Officer, not to tamper with evidence or influence witnesses, and not to leave the country without prior permission of the Court.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS, 2023 should be granted to the petitioner in respect of FIR No. 241 dated 24.10.2023, Police Station City Sunam, District Sangrur (Sections 379-B, 34, 411 IPC). +1 more

Court's answer

The petition stands allowed.

Ratio / Principle

Interim bail granted vide order dated 07.03.2025 is confirmed, subject to conditions as envisaged under Section 482(2) of BNSS; the petitioner is directed to join investigation as and when required in future by written notice served by the Investigating Officer, not to tamper with the evidence nor influence the witnesses, and not to leave the country without prior permission of the Court.

Key takeaways

Anything contained in the order shall not be construed to be an expression of opinion on the merits of the case.obiter¶37

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS, 2023 (CRM-M-2831-2025, decided 26.05.2025, Sanjiv Berry J., High Court of Punjab & Haryana) in FIR No. 241 dated 24.10.2023, PS City Sunam, District Sangrur, under Sections 379-B, 34 and 411 IPC. Pursuant to the Court's interim order dated 07.03.2025 — passed after noting that the alleged recovery had already been effected from co-accused Raju Kumar alias Bata and that the petitioner was not present when the co-accused was apprehended with the stolen articles — the petitioner joined the investigation. Learned State counsel, on instructions from ASI Ram Singh, stated that the petitioner was neither required for further investigation nor for custodial interrogation. The Court accordingly confirmed the interim bail granted vide order dated 07.03.2025, subject to conditions under Section 482(2) of BNSS, directing the petitioner to join investigation as and when required by written notice, not to tamper with evidence or influence witnesses, and not to leave the country without prior permission of the Court. The petition was allowed, with an express caveat that nothing therein was an expression of opinion on the merits of the case.

205 CRM-M-2831-2025

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-2831-2025 Date of decision: 26.05.2025

AVINASH GILL ALIAS AVINASH KUMAR ALISA PAROTHA ….Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY

Present:Mr. Sumeet Puri, Advocate for the petitioner. (Through V.C.)

Mr. K.D. Sachdeva, DAG Punjab.

SANJIV BERRY, J. (ORAL)

By way of present petition filed under Section 482 BNSS,

2023, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as

under: -

FIR No.	Dated	Sections	Police Station
241	24.10.2023	379-B, 34, 411 IPC	City Sunam, District Sangrur

Learned counsel for the petitioner submits that in compliance

to the order dated 07.03.2025, the petitioner has joined the investigation.

During the course of hearing on 07.03.2025, following order had been passed: -

“ Affidavit of Senior Superintendent of Police, District Sangrur, has been filed. The same is taken on record. Copy

Puneet Sharma 2025.05.28 10:58 I attest to the accuracy and authenticity of this order/judgment

205 CRM-M-2831-2025

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thereof has been supplied to learned counsel for the petitioner. 2. Heard.

3. ASI Mithu Ram, Investigating Officer of the case, is present in Court.

4. After hearing the submissions and perusing the record, it transpires that the alleged recovery in the case has already been effected from co-accused Raju Kumar alias Bata. It is also not disputed that the petitioner had not come to the spot when co-accused Raju was apprehended along with the stolen articles.

5. Be it the case, without commenting on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482 (2) of BNSS, 2023.

6. Investigating Officer of the case to remain present along with record on the next date of hearing.

7. List on 27.03.2025.”

Learned State counsel on instructions received from ASI Ram Singh informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 07.03.2025 passed by this Court, interim

Puneet Sharma 2025.05.28 10:58 I attest to the accuracy and authenticity of this order/judgment

205 CRM-M-2831-2025

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bail granted vide order dated 07.03.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

The petition stands allowed.

It is made clear that anything contained hereinabove shall not

be construed to be an expression of opinion on the merits of the case.

(SANJIV BERRY) 26.05.2025 JUDGE puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No

Puneet Sharma 2025.05.28 10:58 I attest to the accuracy and authenticity of this order/judgment