Clarification on Anticipatory Bail Principles under BNSS: Punjab & Haryana High Court upholds detailed conditional bail, affirms non-blanket protection, and recognizes powers analogous to the erstwhile Section 438 CrPC. Precedential value: binding within the state, persuasive elsewhere.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/22167/2025 of ALOK RANGI AND ANOTHER Vs STATE OF PUNJAB |
| CNR | PHHC010633332025 |
| Date of Registration | 24-04-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE SUMEET GOEL |
| Court | High Court of Punjab and Haryana |
| Bench | Single Bench |
| Precedent Value | Binding within jurisdiction of Punjab & Haryana High Court |
| Type of Law | Criminal Procedure/Anticipatory Bail |
| Questions of Law | Principles and applicability of anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023. |
| Ratio Decidendi |
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| Facts as Summarised by the Court |
|
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in the jurisdiction of Punjab & Haryana High Court |
| Persuasive For | Other High Courts, Supreme Court |
What’s New / What Lawyers Should Note
- Court affirms that anticipatory bail under Section 482 of BNSS, 2023 should be subject to explicit statutory conditions as enumerated under Section 482(2).
- Interim anticipatory bail may be made absolute if the petitioners have joined investigation and custodial interrogation is not required.
- Clarifies protection is not “blanket”; bail relates strictly to the named FIR/incident and does not extend to future unrelated incidents.
- State/complainant retains liberty to seek cancellation/recall on breach or on existence of sufficient cause.
Summary of Legal Reasoning
- The Court assessed the conditions and scope of anticipatory bail under Section 482 of BNSS, 2023, treating them as functionally analogous to the provisions under erstwhile Section 438(2) CrPC.
- The Court noted petitioners’ compliance in joining investigation and the prosecution’s statement that their custodial interrogation was unnecessary, which justified making the interim protection absolute.
- The order reiterates statutory safeguards against misuse: the bail is strictly limited to the FIR named, is non-blanket, and is subject to cancellation if conditions are breached.
- The reasoning outlined that statutory conditions must be scrupulously followed and liberty for recall/cancellation remains open where warranted.
Arguments by the Parties
Petitioner
- Sought anticipatory bail under Section 482 BNSS, 2023.
- Argued bank account was misused without their knowledge by third parties.
- On discovery, took steps to freeze account and returned remaining amount to owner.
- Joined investigation as directed.
State
- State counsel confirmed the petitioners joined investigation.
- Stated that custodial interrogation was not required.
Factual Background
The petitioners’ bank account was allegedly misused by neighbours for unauthorized transactions involving Rs.3 crores. Upon learning of the transactions, the petitioners sought to freeze their account and returned the balance to the complainant. An FIR (No.12, dated 31.08.2024) was filed under various sections of BNSS, 2023 at Police Station Cyber Crime, Ludhiana. The petitioners sought anticipatory bail under Section 482 BNSS, 2023; they were granted interim bail and joined investigation as per court order.
Statutory Analysis
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was interpreted by the Court, with conditions for anticipatory bail taken as closely analogous to those in Section 438(2) of the erstwhile CrPC. The Court enumerated the statutory conditions, emphasizing that protection under anticipatory bail must be specific to the FIR and can be recalled/cancelled upon breach or for sufficient cause.
Alert Indicators
- Precedent Followed – Adopts principles from the statutory scheme (erstwhile Section 438 CrPC), now under Section 482 BNSS, 2023, with clarifications.